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Home My WebLink About1997-10-28 CC Packet SPECIAL MEETING REGULAR MEETING 4:30 P.M. 7:00 P.M. City Council Meeting 97-27 October 28, 1997 . REVISED AGENDA** CITY OF STILLWATER CITY COUNCIL MEETING NO. 97-27 Stillwater City Hall, 216 N. 4th St. October 28, 1997 4:30 P.M. AGENDA CALL TO ORDER ROLL CALL STAFF REPORTS 1. Finance Director 2. Police Chief 3. Public Works Director 4. Community Dev. Director 5. Parks & Recreation 6. City Engineer 7. Consulting Engineer 8. City Clerk 9. Fire Chief 10. Building Official 11. City Attorney 12. City Coordinator 1. Discussion of Public Safety Director position 7:00 P.M. AGENDA CALL TO ORDER INVOCATION ROLL CALL . APPROVAL OF MINUTES - October 7, 1997, Regular and Recessed Meetings; October 14, 1997, Special Meeting PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS OPEN FORUM The Open Forum is a portion of the Council meeting to address Council on subjects which are not a part of the meeting agenda. The Council may take action or reply at the time of the statement or may give direction to staff regarding investigation of the concerns expressed. . CONSENT AGENDA * 1. Resolution 97-246: Directing Payment of Bills 2. Authorization for exemption from lawful gambling license - Church of St. Michael, 11/8/97 3. Resolution 97-247Approving salary and longevity schedule for Engineering Technician III. 4. Resolution 97-248: Employment of Jason Rykal as Engineering Technician III. 5. Resolution 97-249: Purchase of plow and dump truck - Public Works 6. Resolution 97-250: Special assessment reapportionment 7. Repair of civil defense siren - West Willard and S. West Streets (Lily Lake School) 8. Resolution 97-251: Agreement with Imagineering Computer consulting, Inc., for network installation services 9. Resolution 97-252 Change OrderlPR No. 38 - City Hall Building Project 10. Contractors Licenses - New: McGough Construction Co., Inc., St. Paul; Renewals: M.A. Mortenson Co., Golden Valley; Jonk Masonry, Somerset WI; George W. Olsen Construction Co., Inc., Stillwater 11. Authorization for delayed payment of tax on special assessments for senior citizens' homestead, Lot 1, Block2, Churchill & Nelson 2nd Addn. 12. Resolution 97-253: Accepting proposal and Approving contract with Service Environmental & Engineering for limited site environmental investigation for Stillwater City Garage . . . City Council Meeting 97-27 October 28, 1997 13. Release of second portion of Stillwater Public Library 1997 capital budget 14. Purchase of training room equipment and one computer work station - Police Dept. 15. Resolution 97-254: Adopting assessment for repair of parapet wall at 235 !1 E. Chestnut UNFINISHED BUSINESS 1. Determination of environmental impacts for St. Croix Valley Sports Complex 2. Possible award of bids for St. Croix Valley Sports Complex 3. Agreement with St. Croix Builders for sale of UBC site and Olive Street parking lot and TIF assistance for construction of 339 car parking structure with 14,000 square feet of retail space (Case No. SUP/V/97-61) and 76 unit condominium project (Case No. SUP/V/97-60 & 61) 4. Feasibility study for Lakeside Drive watermain extension 5. Possible second reading of ordinance amending the city zoning ordinance regulating commercial use towers and antennas NEW BUSINESS 1. Request for TIF assistance - Mainstream Development Partnership 2. Request for resubdivision of Parcel 2 Stillwater Market Place 4th Addition in half and combining parcel 2A with Parcel 1 and 2B with Parcel 3 and vacation of easement. Video Update, Applicant. Case No. SUB\97-63 (Resolution) 3. Post Office Park 4. Transfer of Off-Sale Liquor License - R & R Liquor 5. New On-Sale Liquor License - Acapulco Inc. 6. Approval of city participation in Metropolitan Council Livable Communities Program (resolution). PETITIONS, INDIVIDUALS, DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONSlREQUESTS 1. Request for change of condition of approval for 212 North Main Street Case No. DR/PR/89-61, Tim Stefan 2. Request from Downtown Parking Commission: a) pedestrian yield signs on Main Street, and b) pedestrian crossing at Commercial and Main 3. Mn/DOT - Maintenance schedule for Stillwater Lift Bridge COUNCIL REQUEST ITEMS STAFF REPORTS (continued) ADJOURNMENT * All items listed under the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion on these items unless a Council Member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. ** Items in italics are additions/changes to the agendah 1 .. . CITY OF STILLWATER MEMORANDUM TO: Mayor and City Council Diane Deblon, Finance Director ~ ~ October 23, 1997 FROM: DATE: SUBJECT: 1998 Budget BACKGROUND At our last budget meeting, the council adopted a Proposed Budget and Proposed Tax levy for 1998. At that time, the market value information for the City of Stillwater was an estimate. The attached information is for your review and includes the $600,000 for land that was added by the council. . ANALYSIS . The city received the final property valuations and that information was used as the basis for the new budget schedules that are attached. As we discussed at the September 9th budget meeting, the proposed tax levy is a 7% increase over the 1997 tax levy. The payable 1998 estimated tax capacity rate is 37.242% based on the city market values recently received from Washington County . CONCLUSION Although the city's market value increased by almost 60 million dollars from 1997 to 1998, the changes and reductions in tax capacity class rates from 1997 to 1998 had a significant impact. The net tax capacity for spreading the tax levy actually declined $1,265.00 from 1997 to 1998. (1997 = $9,583,969 & 1998 = $9,582,704). This means there was slightly less net tax capacity upon which to spread the higher tax levy and the result is an increase in the tax capacity rate for the city. In reviewing the budget, there was an expenditure item that was previously omitted but I have taken the liberty of including it within the budget. (i.e. - the city is required to make payments to Stillwater Township for the annexation area. 1998 is the 1st year and will be approximately $32,000.) This item reduced the contingency to $5,237. J 10120/97 t 1998 RECOMMENDED BUDGET . (Excluding Capital Outlay) Fund Revenue Expenditure Surplus/(Deficit) General $6,238,354 $6,238,354 $0 Library $665,196 $665,196 $0 Parks $433,267 $433,267 $0 Middle River $4.000 $4.000 iQ Total (property tax funded) $7,340,817 $7,340,817 $0 Enterprise Funds (Self-supporting) - Excludes Depreciation and Capital Outlay Sewer Storm Sewer Solid Waste Parking Lily Lake $1,610,380 $175,000 $1,270,300 $154,000 $18,000 $1,751,826 $143,132 $1,270,300 $88,748 $40,801 ($141,446) $31,868 $0 $65,252 ($22,801) . . \ . 10120/97 PROPOSED 1998 TAX LEVY General Tax Levy (at Levy Limit) Debt Service Tax Levy (Existing $1,525,592) (New $133,710) Total Tax Levy $2,557,684 $1,659,302 $4.216.986 * *This is a 7% increase over the 1997 tax levy as shown below. For comparison purposes 1997 Tax Levy 1997 Debt Levy 1997 Total Levy . . $2,423,816 $1,517,293 $3,941,109 t 1 0120/97 DEBT SERVICE TAX LEVIES . Fund # Type of Bond Certified Levy 320 1988A G.O. Capital Outlay $ 106,733 305 1990A G.O. Capital Outlay 391,388 306 1993C G.O. Capital Outlay 286,493 308 19940 G.O. Capital Outlay 22,701 325 1996A G.O. Capital Outlay 545,882 326 1997A G.O. Capital Outlay 172,395 328 1998 G.O. Capital Outlay 133,710 Total $ 1,659,302 Cancel Levies 517 518 Oak Glen Improvement 1994 B Improvement $138,965 $55,825 . . \ . LEGAL DEBT MARGIN As of October 20, 1997 Taxable Market Value Legal Debt Margin: Debt Limitation - 2% of estimated market value Total Bonded Debt Less: Improvement Bonds TIF Bonds Total Debt Applicable to Limitation Legal Debt Margin . . $24,835,000 ($6,660,000) ($9,925,000) $705,1 94,000 $14,103,880 $8,250,000 $5,853,880 , 10120/97 PAYABLE 1998 PROPERTY TAX IMPACT WORKSHEET Taxing District: Stillwater . PROPOSED TAX LEVY Actual Pay 1997 5 904 496 1963387 3941 109 609,459 3331 650 9 583,969 34.769% illiiiiiii~:~1i.iI..i $75,000 $780 $271.20 $75,0001 $750 $279.321 $253.98 $25.34 $17.22 $1000001 $1280' $445.041 $100000 $1213 $451.751 $410.77 $31.57 $34.27 $125000 $17801 $618.89 $125000 $1,675 $623.80 $567.221 $43.61 $51.67 $150000i $2280 $792.73 $150000 $2138 $796.23 $724.01 $55.65 $68.72. $200,000 $3,280 $1,140.42, $200,000 $3,063 $1,140.721 $1,037.251 $79.73 $103.17 . , PERSONNEL INCREASES OVER 3% FOR 1998 BUDGET Computed Wages & Benefits 10/20/97 . REQUESTED: RECOMMENDED: INCLUDING DEPARTMENT/Position WAGES BENEFITS FINANCE Jr Account Clerk (50%) $12,440 $16,549 $0 LEGAL Increase over 3% $2,995 $3,702 $3,702 PLANNING Summer Intern $5,000 $5,383 $5,383 INSPECTION Secretary (50%) $14,109 $18,432 $0 PUBLIC WORKS/ENGINEER Overtime (Full-time) $2,000 $2,257 $2,257 PLANT/CITY HALL Janitor $23,861 $31,948 $31,948 Janitor (Part-time) $7,800 $10,686 $0 .OLlCE Patrolman $34,016 $43,413 $0 Overtime (Full-time) $2,000 $2,228 $2,228 PARKING FUND Parking Officer (Part-time) $6,002 $9,285 $9,285 PARKS Promotion: One Laborer to Junior Park Keeper $9,320 $10,691 $10,691 Secretary $29,126 $37,889 $0 Overtime (Full-time) $2,200 $2,333 $2,333 Seasonal (Part-time) $3,500 $3,768 $3,768 LILY LAKE Lifeguards (Part-time) $5,000 $5,382 $5,382 LIBRARY Library Associate (50%) $16,128 $21,990 $0 Library Assistant I $6,681 $7,538 $0 $233,474 $76,977 . 1998 CAPITAL OUTLAY t PROPOSED DEPARTMENT REQUESTED ADJUSTMENT RECOMMENDED. Finance Office Equipment $3,800.00 * ($3,800.00) $0.00 Computer and Printer $5,000.00 $5,000.00 Software CAFRIMICRO $2,500.00 * $2,500.00 $11,300.00 ($3,800.00) $7,500.00 Administration Computer and Printer $5,000.00 $5,000.00 Software $1,000.00 * $1,000.00 Office Furniture $2,000.00 * ($2,000.00) $0.00 $8,000.00 ($2,000.00) $6,000.00 Police Personal Computers (2) $4,800.00 * $4,800.00 Protective Vest $600.00 * $600.00 Radar Units (2) $6,.000.00 $6,000.00 New Camera Equipment $1,000.00 * $1,000.00 Oxygen Kits (2) $2,000.00 * $2,000.00 Stop Sticks (5) $2,000.00 * $2,000.00 State Computer $3,000.00 * $3,000.00 Office Equipment (Squad Room) $10,000.00 ($10,000.00) $0.00 Marked Squads and Changeovers (2) $48,800.00 $48,800.00 Add One New Squad Car $24,400.00 ($24,400.00) $0.00 . Outfit New Squad Car $13,900.00 ($13,900.00) $0.00 $116,500.00 ($48,300.00) $68,200.00 Fire Firedome Helmets (36) $5,000.00 $5,000.00 Facepiece Masks (12) $4,320.00 * $4,320.00 Audio Visual For Training $2,000.00 * $2,000.00 Dive Team Face Mask (communicator) $5,000.00 ($5,000.00) $0.00 HT Portable Radios (3) $4,200.00 * $4,200.00 Commerical Washer and Dryer $2,000.00 * $2,000.00 $22,520.00 ($5,000.00) $17,520.00 Building InsR-~JLons Pick Up Truck 4WD $20,000.00 ($20,000.00) $0.00 Software Upgrades $2,500.00 * $2,500.00 Computer and Printer $5,000.00 $5,000.00 Lateral File Cabinets $3,000.00 * ($3,000.00) $0.00 Office Furniture $500.00 * $500.00 ----. ...-.- ---_.~._-_.._------ --~ ~- .---.---------- $31,000.00 ($23,000.00) $8,000.00 . . , 1998 CAPITAL OUTLAY PROPOSED DEPARTMENT REQUESTED ADJUSTMENT RECOMM.ENDED. Library Operations Nonfiction Video Shelving $3,000.00 * $3,000.00 Newspaper Cabinet $800.00 * $800.00 New Terminals for Circulation Dept (2) $750.00 * $750.00 New Wands for Circulation Dept (2) $720.00 * $720.00 Additional Receipt Printer $508.00 * $508.00 Replace Theft Detection Desensitizer $175.00 * $175.00 Replace Theft Detection Sensitizer $150.00 * $150.00 Public Printers (3) $750.00 * $750.00 Graphic Searching Terminals (4) $8,000.00 $8,000.00 Total Operations $14,853.00 $0.00 $14,853.00 Facility Repair Water Damage to Interior $3,000.00 * $3,000.00 Remove Attic Cellulose (Fire Hazard) $5,500.00 $5,500.00 Insulate Roof, Install Vapor Barrier $11,500.00 $11,500.00 Repair Cornices $25,000.00 ($14,153.00) $10,847.00 Repair Plantersl Exterior Water Damage $50,000.00 ($50,000.00) $0.00 Redesign Delivery Area $9,800.00 $9,800.00 Security Lighting $7,000.00 $7,000.00 Redesign Bookdrop $6,000.00 $6,000.00 . Repair of Stainglass Window $2:000.00 * $2,000.00 Ceiling Fan in Circulation Dept $2,500.00 * $2,500.00 Signage $2,000.00 * $2,000.00 Total Facility $124,300.00 ($64,153.00) $60,147.00 Total Operating: $16,353.00 $0.00 $0.00 Total Bonded: $122,800.00 ($64,153.00) $75,000.00 TOTAL LIBRARY FUND: $139,153.00 ($64,153.00) $75,000.00 . . . . I 1998 CAPITAL OUTLAY . PROPOSED DEPARTMENT REQUESTED ADJUSTMENT RECOMMENDED Parks Automobile (replace rusted van) $26,000.00 $26,000.00 McKusick Boardwalk & Walking Path $50,000.00 $50,000.00 Pioneer Park (Matching Contribution) $150,000.00 $150,000.00 Tiller and Blade for J Deere Tractor $2,600.00 * $2,600.00 Replace Portable Generator $1,050.00 * $1,050.00 Cordless Electric Drill $300.00 * $300.00 Lawn Thatcher $1,800.00 * $1,800.00 Chemical Storage and Gas Cabinets $2,100.00 * $2,100.00 Portable Sprinkler System $4,500.00 * $4,500.00 Ball Field Marking Machine $230.00 * $230.00 Park Benches and Picnic Tables $6,000.00 $6,000.00 Play Equipment at Northland Park $32,000.00 ($17,000.00) $15,000.00 Replace Privacy Fence Parks Bldg $3,800.00 * $3,800.00 Replace Picnic Shelter at The Mini Park $5,000.00 $5,000.00 Picnic Shelters Washington 1 Bonse $12,000.00 ($12,000.00) $0.00 Skateboard Area for Kids $18:000.00 ($10,000.00) $8,000.00 Monument at The Old Prison Site 1 Flower Beds North and South of Town $21,000.00 ($21,000.00) $0.00 Basketball Court at Schulenberg Park $27,000.00 ($27,OOQ.00) $0.00 Storage Building for The Parks Dept $20,000.00 ($20,000.00) $0.00 . New Horseshoe Pits at Croixwood Park $15,000.00 ($7,500.00) $7,500.00 Lights at Croixwood 1 Bonse Ball Fields $70,000.00 ($70,000.00) $0.00 Disc Golf $100,000.00 ($100,000.00) $0.00 Land Purchase $600,000.00 $600,000.00 Update Computer and Software $3,500.00 * ($3,500.00) $0.00 Fax Machine $500.00 * $500.00 Copy Machine $2,400.00 * $2,400.00 File Cabinet $1,300.00 * ($1,300.00) $0.00 Office Chairs $500.00 * ($500.00) $0.00 Total Operating: $24,580.00 ($5,300.00) $0.00 Total Bonded: $1,152,000.00 ($884,500.00) $886,780.00 TOTAL PARKS FUND: $1,176,580.00 ($889,800.00) $886,780.00 Lily Lake Replace Cooling System (Ice Arena) $200,000.00 ($200,000.00) $0.00 New Beach Markers $2,700.00 * $2,700.00 Lifeguard Stand $1,200.00 * $1,200.00 Lifeguard Rescue Equipment $600.00 * $600.00 Beach and Boardwalk Improvements $30,000.00 ____ t~2Q-,-0_Q~LQQ)_m_ __ . _~~Q, OQQ.OQ_ Total Operating: $4,500.00 $0.00 $0.00 Total Bonded: $230,000.00 ($220,000.00) $14,500.00 . TOTAL LILY LAKE FUND: $234,500.00 ($220,000.00) $14,500.00 1998 CAPITAL OUTLAY PROPOSED DEPARTMENT REQUESTED ADJUSTMENT RECOMMENDED. Parking Fund Hand Held Ticket Writer $5,000.00 * $5,000.00 Scooter $6,500.00 * $6,500.00 Resurface South Main Lot $20,000.00 * ($20,000.00) $0.00 Resurface River Lot (FEMA Monies) $30,000.00 * ($30,000.00) $0.00 Surface UBC Lot $100,000.00 * ($100,000.00) $0.00 Surface Mulberry & Water St Lots $150,000.00 * ($150,000.00) $0.00 Surface Mulberry & 2nd St Lot $80,000.00 * ($80,000.00) $0.00 Total Operating: $391,500.00 ($380,000.00) $0.00 Total Bonded: . $0.00 $11,500.00 TOTAL PARKING FUND: $391,500.00 ($380,000.00) $11,500.00 Sewer Jetter (net of trade-in) $175,000.00 * $25,000.00 $200,000.00 Lift Station Improvements $70,000.00 * $70,000.00 Total Operating: $245,000.00 $25,000.00 $270,000.00 Total Bonded: $0.00 $0.00 $0.00 TOTAL SEWER FUND: $245,000.00 $25,000.00 $270,000.00 . RAND TOTAL - CAPITAL OUTLAY 1998: $4,241 ,753.00 ($3,325,053.00) $1,516,700.00 TOTAL Bonded Capital Outlay: General Fund: Library Fund Park Fund Parking Fund: Lily Lake Fund Sewer Fund (Non-Bonded) $2,055,020.00 $139,153.00 $1,176,580.00 $391,500.00 * $234,500.00 $245,000.00 * * ($1,796,100.00) ($64,153.00) ($889,800.00) ($380,000.00) ($220,000.00) $25,000.00 $258,920.00 $75,000.00 $886,780.00 $11,500.00 $14,500.00 $270,000.00 TOTAL Bonded Capital Outlay: $3,996,753.00 ($3,350,053.00) $1,246,700.00 . . . . DONALD L. BEBERG CHIEF OF POI,.ICE TIMOTHY J. BELL CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E MaR AND U M TO: MAYOR KIMBLE AND CITY COUNCIL FROM: D.L. BEBERG, CHIEF OF POLICE DATE: OCTOBER 24, 1997 RE: AGENDA ITEMS (Consent and F.Y.I.) -------------------------------------------------------------------- CONSENT AGENDA: The civil defense siren at West Willard and South West Streets (Lily Lake School) needs some extensive repairs. Something (I think it was the armature) broke in the electrical motor and it in turn jammed the unit causing a bit more damage. The repair cost will be about $1,200.00 and I need Council permission due to the dollar amount. FOR YOUR INFORMATION: With the upcoming state mandated community policing training for all peace officers in Minnesota, I have contacted the Minnesota Community Policing Institute for this departments training. This training is free. They will be here February 9, 10, 11, 1998 (I have reserved the Police/Fire Training Room for these days) so we can divide the department into thirds and give each of our officers 8 hours of the mandated training. I am going to open the classes to other police departments in the county as the institute will take classes up to 25 people. Because we are hosting the classes, I will be spending money for refreshments which I am guessing will be less than $100.00. 212 North 4th Street · Stillwater, Minnesota 55082 Business Phone: (612) 351-4900 · Fax: (612) 351-4940 Police Response/Assistance: 911 . . . DONALD L. BEBERG CHIEF OF POLICE TIMOTHY J. BELL CAPTAIN THE BIRTHPLACE OF MINNESOTA POLICE DEPARTMENT M E MaR AND U M TO: MAYOR KIMBLE AND CITY COUNCIL~ D.L. BEBERG, CHIEF OF POLICE OCTOBER 27, 1997 FROM: DATE: RE: REQUEST ITEMS -------------------------------------------------------------------- I DIDN'T HAVE THESE ITEMS READY FOR THE AGENDA PACKETS DUE TO NOT HAVING THE DOLLAR FIGURES I NEEDED. THE OFFICERS ARE REQUESTING PERMISSION TO ITEMS FOR THE TRAINING ROOM IN THE BASEMENT. ITEMS IS $2,500.00, TAX INCLUDED. THERE IS A $4,000.00, SO THERE IS MONEY TO COVER IT. PURCHASE 3 ADDITIONAL THE AMOUNT FOR THESE BALANCE IN THIS FUND OF ONE OF THE INVESTIGATORS HAS HAD AN ONGOING PROBLEM WITH THE PERSONAL COMPUTER WE PURCHASED FOR HIM WITH REFERENCE TO THE LINK BETWEEN IT AND THE COUNTY RECORDS SYSTEM. WE HAVE THE NECESSARY MONEY IN THE FORFEITURE ACCOUNT TO PURCHASE ONE WORK STATION AT THE APPROXIMATE COST OF $1,000.00 AND I AM ASKING PERMISSION TO MAKE THAT PURCHASE AT THIS TIME. 97-36 212 North 4th Street · Stillwater, Minnesota 55082 Business Phone: (612) 351-4900 · Fax: (612) 351-4940 Police Response/Assistance: 911 . Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: 10/28/97 Re: Taxi Licenses and Peddler Permits Taxi License . Recently, the City has received several requests for taxi licenses from individuals that do not live or store their vehicles in Stillwater nor plan on doing a significant, if any, amount of business within the City. The potential applicants have stated they need to be licensed in a city in order to do business at the airport; Stillwater appears to have the least expensive rate ($15 per year) and requires only a vehicle safety inspection (done by Captain Bell). At this time, we have only one taxi service doing business within the city and one license that has been recently issued for an individual working primarily at the airport. After conferring with City Attorney Magnuson, City Coordinator Kriesel, and Captain Bell, they suggested requesting Council consider deleting the taxi license section from our City Code Peddler Permit In addition, staff recommends changing the Peddler Permit process to a registration process only. At this time, permits are issued by the City after Council approval. Residents have stated they thought the City was giving the "OK" that a business was legitimate and the peddlers were of good character if a permit was issued. City Attorney Magnuson and Captain Bell have expressed concerns regarding the enforceability of these permits. Several cities are using a registration only; the peddler registers with the Police Department prior to selling, but no "permit" is issued. However, if a resident calls with a complaint or concern, the Police are able to identify the peddler. Action requested: Consideration of deleting the taxi license section from our City Code and changing the peddler permit process to a registration process only. 1 . MEMORANDUM . . TO: Mayor and Council FROM: City Coordinator SUBJECT: MTM request to extend lease of Engine #328 DATE: October 24, 1997 Council previously received a copy of a letter that the Minnesota Transportation Museum (MTM) sent to the City requesting that the City consider extending the lease for Engine #328. Council had requested that MTM officials attend the meeting next Tuesday to discuss this matter. However, we have not been able to meet with MTM officials and they would like to meet with staff prior to meeting with the Council. Arrangements are being made to meet with MTM and this matter will be brought before the Council at a later date. Address correspondenc 4400 Washburn Avenue SOU! Minneapolis, MN 55410 612-927 -6960 \ ;.."..... . '. j' ~I~--tl) Minnesota Transportation M, \. I l P.O. Box 17240, Nokomis Station, Minneapolis, MN 554 '. .~ '.-.'" '\ \ September 22, 1997 Mr. Nile Kriesel City Manager City of Stillwater 216 North Fourth Stillwater, MN 55082 Dear Mr. Kriesel: Since 1976 the Minnesota Transportation Museum (MTM) has enjoyed the generosity of the City of Stillwater in restoring, maintaining and operating Northern Pacific steam engine number 328. To a great degree the engine has become the centerpiece and symbol of the Museum. . The lease of 328 will expire in 2006. To continue to operate the locomotive to 2006, MTM will need to invest considerable money in heavy maintenance. Attached is a survey from Steam Operations Corporation of Birmingham, Alabama outlining the suggested work and estimating a cost of$125,000. This is only a portion of the work that will be needed to put the engine back in Plime condition. . To invest $125,000, or more, to operate the locomotive for another eight years does not seem practical to MTM. We would need at least 20 years operation to pay back such an investment. Therefore, MTM would like to propose that the City of Stillwater donate the Northern Pacific 328 to the Minnesota Transportation Museum. This would allow the MTM to invest whatever is determined to be necessary in the locomotive with the knowledge that MTM and the public will be able to enjoy the benefits of our investment for many years to come. In exchange, we would be .. happy to discuss ways in which the 328 might continue to be used to support events in Stillwater. We would appreciate the opportunity to meet with you at your convenience in the near future to discuss 328's future. ' Sinc:~~~ " (~d/l~ Michael E. Miller, Chairman Minnesota Transportation Museum, Inc. t;h 11_ ~.Id (; !)ddtMJ Nick Madders, Superintendent Railroad Division, MTM . . MEMORANDUM . . TO: Mayor and Council FROM: City Coordinator SUBJECT: Volunteer vehicle repair program DATE: October 24, 1997 About three months ago I received a call from Mr. George Gorbatenko requesting the use of the city garage, for one day a month (4th Saturday), as a site for a volunteer vehicle repair program that Mr. Gorbatenko was in the process of organizing. The repair program involves performing minor repairs on vehicles owned and operated by citizens who are in the lower income bracket. These are people who need cars for work (and non-work activities as well) but who often cannot afford even minor repairs. After discussing the program with Choc it was determined that we would recommend approval of the program on a trial basis. The program started this Saturday, October 25th. Unfortunately, I failed to bring this matter to the Council beforehand. Therefore, I would ask that the Council approve the program and use of the garage on a trial basis. Choc and I would monitor the activity to ensure that the garage is not misused. I apologize for the oversight of not binging this to you prior to the implementation of the program and will work to make the program as non disruptive as possible. Thanks for you understanding. 1f~ . . . . Memorandum To: Mayor & C:':~ I Marcy CefdeslVV October 24, 1997 From: Date: Re: Information on health insurance risk pool Background In recent weeks, staff has been evaluating the benefits of joining a non-profit cooperative of other local government jurisdictions to "pool our risk" and significantly reduce our Blue Cross/Blue Shield health insurance premiums. Attached for Council review is background information on the Southwest/West Central Services Cooperative-a group composed primarily of 27 County and 45 City governments, in addition to a few utilities and public hospitals, located in greater Minnesota. The Cooperative was originally started by school districts across the state, and began offering a separate membership pool to local governments with Blue Cross/Blue Shield coverage in the early 1990's. They have only recently begun the underwriting process here in the metro area, but have approved participation of the City of Stillwater. The cities of Rosemount, Prior Lake and Shakopee are also current members. The Cooperative offers participating local governments savings in two different areas. First, participating jurisdictions enjoy a significant reduction in administrative fees that are typically included as part of the BC/BS premium. In our first year of participation in the Cooperative, Stillwater would normally be offered administrative savings in the form of a 2% reduction off our total premium, with additional administrative savings of 11-12% inour second year. However, as an incentive to join, Blue Cross is willing to give the City the bulk ofthe administrative savings in our first year of participation by offering a 10% - 12% reduction in current rates, for the year effective 1/1/98 - 12/31/98, as summarized: SW CooP Rates Family Single Current Rates Family Single Preferred Gold $142.50 $417.00 $158.50 $374.50 AWARE $409.00 $462.50 $176.00 $155.00 The numbers reflect a premium decrease of 10% for the Preferred Gold plan and .12% for the A WARE plan on the rates that became effective on 9/1/97. There will also be additional savings next year because of the 4-month delay we will have in the next scheduled premium increase, which will be effective on 1/1/99. Since these rates are actually lower than the 1996 rates, both the City and its employees should share in the savings that result from the family coverage .. premium decrease. In addition, the City should realize approximately $15,000 in savings on single and retiree premiums in 1998. Details on reduced City/Employee family premium contributions will be worked out during upcoming labor negotiations. . Secondly, the distribution of our risk over a greater area should result in lower premium increases in successive years (e.g., if the City had already been a participating group, we would have qualified for a premium increase of 4.15% for 1998, rather than the 9.1 % increase we experienced on 9/1/97). Depending on the individual jurisdiction's experiencelusage, the rate increases effective 1/1198 for currently participating CitieslCounties ranged from -1.5% to 6.0%. (The City of Rosemount is in its fourth year as a member, and has never experienced an increase greater than 1 %). Note that the coverage under the City's two Blue Cross/Blue Shield plans does not change in any way. Only the definition of what constitutes our "group" would change, to reflect the fact that we would be pooling our risk with other city and county jurisdictions. Thus, the only change staff will see, other than a reduced premium, is a new group number inscribed on a new Blue Cross/Blue Shield J.D. card. Char Osthus, the Southwest Cooperative representative who has been working with staff during our evaluation of the plan, will be available at the October 28, 1997 meeting to present information to Council and and answer any questions. Recommendation Given that the City health plans have a greater potential for high usage among our growing group of retirees, Stillwater may have an especially compelling reason to join a Cooperative that allows us to distribute some of this risk across a much larger group. Therefore, staff recommends that . Council approve a resolution entering into a joint powers agreement with Southwest Services Cooperative, for the provision of health insurance benefits for the employees of the City of Stillwater. . ~ . APPLETREE INSTITUTE . information presented to: CITY OF STILLWATER . " COOPERATION PAYS DIVIDENDS SW/WC Service Cooperatives , Minnesota Service Cooperatives . City/County/Other Governmental Units' Group Insurance Pool January 1, 1998 Renewal All groups in the City/County/Other Governmental Units' Group Insurance Pool benefit from a lower retention within the Service Cooperative. Group Size SC Retention Standard Retention Savings BCBSM EPNI BCBSM Blue + BCBSM Blue + MNCare Groups 12.0% 21.0% 9.0% <50 < 50 12.0% 14.0% 26.9% 27.5% 14.9% 13.5% 50 - 99 9.0% 11.0% 22.6% 23.2% 13.6% 12.2% . 100 - 199 8.2% 10.2% 20.6% 21.2% 12.4% 11.0% ___ 200 - 499 7.5% 9.5% 17.5% 18.1% 10.0% 8.6% 500 - 899 6.5% 7.5% 16.1% 16.7% 9.6% 9.2% 900+ 6.0% 7.0% 16.1% 16.7% 10.1% 9.7% . Foley Grand Marais Henning Hermantown Hibbing Howard Lake Jackson Jasper LeSueur Little Falls Mabel Melrose Minneota Montevideo 'M6bs~ Lake Morris .' Becker . ; Big Stone .,Chippewa '.Cook "Crow Wing \.Fillmore 'Grant' :',Kan~iyohi :! Kittson ' Lac qui Parle LeSueur Lincoln Lyon Mahnomen Meeker Mower Nobles Pennington , . Appleton Municipal Hospital and , Nursing Home 'Arrowhead Economical Opportunity Council >AuStin Utilities ::Chippewa County Hospital J~ranite Falls Municipal Hospital and Manor Heartland Community Action , KOOTAsCA<:;orD.mlinityAction, Inc. Lakeland Mental Health LittleforkMedical Center , Minnesota Valley Action Council Ot:tertail~Wadena Community Action. , Council' . . . , July, 1997 . . Olivia Ortonville Pelican Rapids Perham Rosemount St. James Sauk Centre Silver Bay Slayton Staples Stewart Virginia Wadena . .~,Wase,~? WillInar,',. Wi~dom ..... Wood Lake Polk""'" Pope , Rock Roseau Traverse Wadena Waseca Winona Yellow Medicine Owatonna Public Utilities Pipestone County Medical Center Redwood Falls Hospital Region IX Development Commission River Bend Nature Center Riverwood Health Care Center St. Francis Health Services Southwest Minnesota Housing Partnership Southwest Minnesota Opportunity Council Tri-Valley Opportunity Council Virginia Regional Medical Center . Western Ar,ea 'Cities/ Counties Cooperative ,Western Community Action, Inc. Western Lake Superior Sanitary District , . . . Minnesota Service Cooperatives Cities/Counties/Other Governmental Units' Group Insurance Pool Renewal Annual Premiums # of Units 1/1/98 $33,011,000 1/1/97 $16,167,000 104 54 1/1/96 $15,181,000 43 First Membership Meeting - November, 1994 RESOLUTION NO. 97- APPROVAL OF JOINT POWERS AGREEMENT BETWEEN CITY OF STILL WATER AND SOUTHWEST/WEST CENTRAL SERVICES COOPERATIVE FOR GROUP EMPLOYEE HEALTH BENEFITS BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the Joint Powers Agreement between City of Stillwater and Southwest/West Central Services Cooperative for group employee health benefits, is hereby approved as per attached agreement, and the Mayor is authorized to sign said Agreement. Adopted by Council this 28th day of October, 1997. Jay L. Kimble, Mayor ATTEST: Modi Weldon, City Clerk . . . . . . Revised 10/26/95 JOINT POWERS AGREEMENT FOR GROUP EMPLOYEE BENEFITS SOUTHWEST AND WEST CENTRAL EDUCATIONAL COOPERATIVE SERVICE UNITS MEMBER CITY AND OTHER GOVERNMENTAL UNIT INSURANCE PROGRAM This Joint Powers Agreement hereinafter referred to as "agreement", is made as of the day of ,19_ , between Member , and such other members as now or hereafter become parties to this agreement, hereinafter individually called "Participant" and the SOUTHWEST AND WEST CENTRAL EDUCATIONAL COOPERATIVE SERVICE UNITS (SW/WC ECSU), hereinafter called the "ECSU" and/or its designee. Pursuant to M.S. 471.59, Subd. 2: It is agreed and understood that: 1 . the objective of this Joint Powers Agreement is to establish, procure and administer group employee benefits and financial risk management services that embody the concept of pooling risks for the purpose of stabilizing andlor reducing costs, and 2. the purpose of this agreement is to define/clarify bid procedures, rights and responsibilities, length of contract, termination guidelines, liability and the method(s) by which parties to this agreement shall exercise their common power. DEFINITIONS 1. Participant - any entity or individual that (who) has been accepted for participation by the joint powers governing board. 2. Group Employee Benefits, (hereinafter referred to as "GEa") shall include, but not be limited to, health benefits coverage, life insurance, disability income protection, dental insurance, and flexible spending programs, and other services as directed by the Board. 3. Other Financial Risk Management Services shall include, but not be limited to, investments, contracted legal services, property/casualty safety group, student accident, and other services as directed by the Board. 4. Board - pursuant to M.S. 471.59, Subd. 11, the SC Board of Directors will serve as the joint powers governing board for the group employee benefits and financial risk management services and all . associated services. This Board will be elected pursuant to the Bylaws of the ECSU, governing election of its board of directors. If the ECSU is abolished, the goveming board will be that of the ECSU designee. As appropriate, the Board may designate a representative to act on its behalf. 5. Pool - the collective group of participants in a given program or group employee benefits or other risk management service or activity. RECITALS Each of the parties enters into this agreement pursuant to: . A. MSA 471.59, Subd. 1 and 10: which authorizes two or more governmental units to exercise jointly or cooperatively powers which they possess in common, or B. M.S. 123.58 defining Eucational Cooperative Service Units. Participation in programs and services provided by ECSU shall be discretionary (id. Subd. 4), or JOint Powers Agreement for Group Employee Benefits C. acceptance by the Board of participation by non-profit, non-governmental units, which shall be held contractually to all terms and conditions of this agreement. II. Pursuant to M.S. 471.59, M.S. 471.61, and M.S. Section 16.07, the intent of this agreement is to transfer the Participant's right to purchase group employee benefits to the Board under the terms and conditions of this Agreement. . III. The parties desire to state in this agreement that their common power shall be exercised for the purpose of providing financial risk management services, which may include but not be limited to: investments, contracted legal services, property/casualty, student accident insurance, dental, Section 125, life and health group insurance pooling, and other services as directed by the Board. IV. The parties desire to state in this agreement their intent to comply with the statutory requirements of group insurance, governmental unit bidding laws, COBRA and its Minnesota extensions, ERISA, and all other applicable federal and state statutes. V. It is not the intent of the parties to the agreement to transfer authority, liability or responsibility for matters other than securing proposals, establishing master contracts, negotiation of operating agreements and funding arrangements, and the facilitation of administrative services and funding arrangements as defined for each component of the group employee benefits and financial risk management services. AGREEMENT The parties agree as follows: I. The Recitals are part of this agreement. II. PROCEDURES FOR SECURING GROUP EMPLOYEE BENEFITS AND FINANCIAL RISK MANAGEMENT SERVICES. . A. The Board shall from time to time change the procedures to comply with applicable law. B. Group Employee Benefits 1 . Definition: pursuant to M.S. 471.6161, Subd. 1 "Group Insurance Coverage" is defined as benefit coverage provided to a group through a carrier authorized under Chapters 61A, 62A, 62C, 620, and 62E to do business in the state. 2. Requests for Proposals/Selection of Carrier/Contract Length a) Pursuant to M.S. 471.6161, Subd. 2, the ECSU will request proposals from, and enter into contracts with, carriers that in the judgment of the Board are best qualified to provide coverage. The request for proposals shall be in writing and at a minimum shall include: coverage to be provided, criteria for evaluation of carrier proposals, and the aggregate claims records for the appropriate period. Public notice of the request for proposals will be provided in a newspaper or trade joumal at least 21 days before the final date for submitting proposals. b) Pursuant to M.S. 471.6161, Subd. 3, the Board shall make benefit and cost comparisons and evaluate the proposals using the written criteria. The Board may negotiate with the carrier on premiums and other contract terms. The Board must prepare a written rationale for its decision before entering into a contract with the selected carrier. . 2 . Joint Powers Agreement for Group Employee Benefits III . c) Pursuant to M.S. 471.6161, Subd. 4, group insurance contracts may not exceed five (5) years in length, including all extensions. The Board shall request proposals for coverage at least once every sixty (60) months. Employees may be added to an existing group pursuant to a joint powers agreement under section 471.59. 3. Rate Increases a) The Board will annually review renewal information as presented by the carrier, make recommendations and determine if requests for proposals are necessary. b) Rate increases will be determined on the basis of single coverage. c) The carrier shall notify each Participant and the Board of any changes in rates at least sixty (60) days prior to the effective date of the rate change. Final rate adjustments will be effective the first day of the month following thirty (30) days written notice by the carrier. d) Pursuant to M.S. 471.616, Subd. 1, should the aggregate pool rate increase for single coverage equal twenty-five percent (25%) or more in a given contract year, the Board may solicit quotes for the pool. 4. Benefit Reduction: pursuant to M.S. 471.6161, Subd. 5, the aggregate value of benefits provided by a group insurance contract for employees covered by a collective agreement shall not be reduced unless the Participant employer and exclusive representative of the employees of an appropriate bargaining unit, certified under Section 179A 12, agree to a reduction in benefits. 5. Master Contract: The Board shall negotiate the master contract with the carrier selected for the pool on behalf of the Participants of the pool. Further, the Board will negotiate an operating agreement for the purpose of administering the master contract. . C. Other Rnancial Risk Management Services 1. The Board will determine the most cost-effective and appropriate manner in which to deliver other financial risk management services. Methods may include, but are not limited to, provision for staff consultation services and contracting for professional services with independent contractors. (RE: Krohnberg v. Pass, 187 Minn. 73,244 N.W. 329; 1932). Bids and/or quotations may be requested but are not required. \ 2. Selection of Carrier. the Board will contract with the carrier that, in the judgment of the Board, is best qualified to provide the service. III. RIGHTS AND RESPONSIBILmES OF THE BOARD A. Group Employee Benefits 1 . The Board shall negotiate master contracts for its own benefit and for the benefit of each of the Participants. A copy of the master contract shall be available for review by Participants. 2. Pursuant to M.S. 471.6161, Subd. 5, the Board has no authority nor authorization to change a policy or benefit of the Participant's group insurance policy without written authorization or request of the Participant. The policy of the Participant may be amended with respect to any matter relating to the insurance protection provided thereunder for the officers, employees and their dependents, and retired officers, employees and their dependents of any party by rider, amendment, or endorsement issued by the insurance . 3 JOint Powers Agreement for Group Employee Benefits , carrier by law, or with the written request of the Participant. The original of each such rider, amendment or endorsement shall be mailed or delivered by the carrier to the Board to be attached to, and held with, the policy; and a copy of each such rider, amendment or endorsement will be fumished by the carrier to each of the Participants. . 3. The Board shall secure quotes from carriers for entities requesting participation in the pool and respond to the carrier(s) with acceptance or rejection of their proposal within sixty (60) days of receiving necessary data. 4. The Board shall serve as liaison between representatives of the Participants to this agreement and the carrier, including general communications, problem resolution, transmittal of material, and pool meeting coordination. 5. The Board retains the right and responsibility, upon consultation with its Participants, to terminate any agreement into which it has entered on behalf of the pool. In the course of carrying out its responsibility, the Board may conduct other business negotiations consistent with group benefits and their delivery mechanisms. 6. The Board may negotiate, implement, and administer altemative financing arrangements which it determines best serves the interests of the Participants of the pool. 7. The Board shall determine the utilization of any monies acquired through discounts, credits, reserves, savings or in any other manner. B. Other Financial Risk Management Services 1. The Board may negotiate operating agreements for its own benefit and for the benefit of each of the Participants. Copies of the operating agreements shall be on file for review by any Participant upon request. . 2. The Board may request proposals from and enter into contracts with carriers/providers that in the judgment of the Board are best qualified to provide the service. Bids and/or quotations may be requested but are not required. 3. The responsibilities of the Board in the performance of other financial risk management services will be set forth in individual agreements. C. The Board, its authorized representatives, employees and designees shall have no duty or liability to any of the Participants, carriers, providers, or other financial risk management service providers with respect to the fees, premiums and/or contract charges, offers, acceptances or binders of coverage, cancellation notices, or other changes relating to the Participant's subscribers. The Board, its authorized representatives, employees and designees, and each Participant shall have no duty or liability due to negligence of other Participants, carriers, and providers. D. Upon request, the Board will assist in the resolution of disputes between a Participant and the carrier regarding claims, fees, premiums, and/or contract charges. E. The Board may recover the cost of administering services in the group employee benefits and financial risk management services by such means as deemed appropriate by the Board. IV. RIGHTS AND RESPONSIBILITIES OF PARTICIPANTS: A. Any Board Participant, through its goveming authority, may become a party to this agreement by executing and delivering this agreement to the Board. . 4 \ . . . Jotnr Powers Agreement ror Group Employee 8enefits B. Group Employee Benefits 1. Each Participant will execute necessary enrollment and renewal documents directly with the carrier for insurance protection for its officers and employees and dependents, retired officers and employees and dependents under their policy which shall be provided by the carrier. 2. Each Participant of the pool agrees to furnish employee data (census) pertaining to insurance coverage (Le., name, date of birth, gender, single or family coverage status, salary, date of hire, benefits, class of benefit levels, experience records, medical information and other information required, etc.) directly to the carrier, as required. 3. The Participant shall remit, upon receipt of the appropriate bill from the carrier, contract charges to the appropriate authority prior to the due date. 4. The Participant will be responsible to notify the Board and the carrier at least forty-five (45) days prior to the effective date of any rate change of its intent to withdraw from the pool. C. Other. Financial Risk Management Services 1 . The Participant agrees to execute and submit all necessary data required to perform the respective service requested to the appropriate parties as directed by the Board. 2. The Participant shall remit payment as designated by the Board for services as billed and when due. v. LENGTH OF CONTRACT AND TERMINATION A. This agreement shall continue for a period of four years. The effective date shall be the date both parties have signed this agreement. Any Participant wishing to withdraw from this agreement shall provide a minimum of forty-five (45) days written notice prior to annual renewal of said intent to the Board, and the service carrier/provider, unless otherwise specified in a given contract. B. Group Employee Benefits 1 . Participants receiving a fifty percent (50%) or greater increase in single rates in a given policy year shall be allowed to solicit proposals without jeopardizing their participation in the pool. Once the Participant accepts the proposal, it is excluded from the pool for two (2) years and forfeits all residuals and claim to excess pooled dollars. If the Participant elects to reject all proposals and retain participation in the pool, the Board will determine the applicable rate for the Participant, which will be one of the following: a. The Participant will be obligated to accept the actual formula rate as determined by the Participant's own utilization and the carrier's rating formula; or b. The Participant will receive a rate to be established by the Board. If the Participant's single insurance rate is increased by. more than fifty percent (50%) in any given policy year, the affected Participant may withdraw from this agreement by giving written notice of its withdrawal to the Board and the carrier at least forty-five (45) days prior to the start of the policy year for which the rate increase is effective. 2. Should an individual Participant solicit proposals independently without a fifty percent 5 JOIn! rowers Agreemenr ior uroup employee denems , (50%) increase in single rates in a given year, the Board retains the right to terminate said Participant's participation in the appropriate group insurance service. An individual Participant terminated under these conditions shall be ineligible to participate for a period of not less than two (2) complete policy years and forfeits any pool reserves or excesses. . "Soliciting proposals" shall be defined as requesting and/or accepting proposals. 3. Any Participant wishing to withdraw from the pool at a time other than the date of renewal shall provide a minimum of ninety (90) days written notice of said intent to the Board and to the carrier. If a Participant withdraws from the pool without a fifty percent (50%) increase in a given year, the Participant shall be ineligible to participate for a period of not less than two (2) complete policy years and forfeits any interest in and rights to any pool reserves. 4. The Board retains the right to shorten or extend the policy/plan year should such action benefit the Participants. VI. LIABILITY OF PARTIES: Any Participant which is a party to this agreement holds the Board, its employees and its designees, and the other Participants which are a party to this agreement harmless. The parties agree to waive any rights to litigation from any dispute arising out of this agreement unless such action is the result of intentional wrongdoing. Contemplated in this provision are good faith efforts associated with the bidding, rating, claims, renewal, and administrative matters associated with the master agreement. Certain other responsibilities, including but not limited to collective bargaining disputes, benefit disputes, claims payments, employee ERISA and COBRA rights, claims, compliance with statutes, eligibility, premium and/or contract charge payments, retiree benefits, and enrollments, are the sole responsibility of the respective Participant. Pursuant to all applicable state and federal laws, this agreement has been approved by the governing boards of the parties and is signed by the duly authorized officers of the parties. . Minnesota Educational Cooperative Service Units (ECSU) BY: TITLE: DATE: BY: TITLE: DATE: (PARTICIPANT NAME) BY: TITLE: DATE: BY: TITLE: DATE: . 6 t . MEMORANDUM . . TO: Mayor and Council FROM: City Coordinator SUBJECT: Public Safety Director position DATE: October 24, 1997 Discussion: Accompanying this memorandum is the job description related to the Public Safety Director position that I have previously discussed with Council but will expand on in this memorandum. First of all, the City had a Public Safety Director position for many years. However, the former position was different than what I am proposing in that the former Public Safety Director had administrative authority over both the police department and the fire department but did not act as the Fire Chief - only as Police Chief. I am proposing that the Public Safety Director would be officially designated as Police Chief and Fire Chief. This individual would have a Captain and an Asst. Fire Chief under his/her command to provide administrative and operational support. Second, perhaps the most important reason for establishing a Public Safety Director position is the administrative and managerial skills a qualified candidate would possess. A qualified candidate would have a minimum of 7 years of command experience and at least 5 years of firefighting experience. More than likely the individual who would be hired would have a more comprehensive knowledge of firefighting and prevention activities and a broader educational background than the job description presently includes (such as a Masters Degree in a related field - primarily law enforcement. Also, note that the job description only contains minimum qualifications). An individual with this kind of background would be prepared to carry out the administrative and managerial dutieslresponsibilities (e.g., development and maintenance of policies and procedure manuals, training programs, equipment maintenance programs, inspection programs, personnel matters, data gathering and report writing, public relations, etc.) that have become so important for the police and fire departments. The individual would have a formal training base in these areas and would handle the issues in a more formal way. This would apply to the development ofthe annual budgets for each department as well. In regards to the present Police Chief position, I previously recommended that the Public Safety i Director would be designated as Fire Chief immediately upon hislher hiring but only have administrative authority over the Police department. However, Mr. Beberg intends to retire about mid 1998 and upon further reflection it might be more appropriate to have the Police Chief act . independently but cooperatively with the new Public Safety Director. Upon Mr, Bebergs retirement the Public Safety Director would then be designated as Police Chief (and continue to be designated Fire Chief as well). During the next few months (or at least until Mr. Bebergs' retirement) the Public Safety Director would become familiar with local conditions and could also evaluate both departments and begin working on any of the areas that need attention. One final note. The recommendation that I am making is based on my desire to see the two departments run as effectively as they have been in the past. My recommendation is not being made because of any problems we have had with the two departments. I believe we have been fortunate to have had people like Mr. Beberg and Mr. Ness leading these departments. They have done an excellent job, and as I said, my recommendation is based on the hope and belief that the proposed position and organizational structure would continue to ensure the same kind of performance and service that we have had in the past. I am providing you with the following information for your review and consideration: 1. Notes on Public Safety Director position. 2. Public Safety Director position description. 3. Interim Organizational Chart. 4. Future Organizational Chart. 5. Salary and Longevity schedule (from Managers contract). Recommendation: . Council consider establishing Public Safety Director position and possibly authorize advertising for the position. 1;Jl . . . . NOTES ON PUBLIC SAFETY DIRECTOR POSITION I. SALARIES, BENEFITS AND START DATE. III. 1. WOULD PLACE IN APPROPRIATE STEP OF SALARY SCHEDULE (MANAGER'S AGREEMENT), BUT IN NEIGHBORHOOD OF $65,000 PER YEAR. 2. SICK LEAVE AND V ACA TION BENEFITS MAY NEED TO BE APPROVED BY MANAGERS (THRU A MEMORANDUM OF UNDERSTANDING). 3. START DATE - BETWEEN DEC. 1, 1997 AND JAN 1. 1998. ORGANIZATIONAL STRUCTURE CONSIDERATIONS: 1. PSD WOULD INITIALL Y HAVE AUTHORITY ONLY OVER FIRE DEPARTMENT DURING INTERIM PERIOD (I.E., UNTIL POLICE CHIEF RETIRES - ABOUT JULY 1, 1998). A. DURING INTERIM PERIOD PSD WOULD CONCENTRATE ON FIRE RELATED DUTIES/ISSUES (PRIMARILY FIRE CODES, PLAN REVIEWS, TRAINING PROGRAMS, POLICIES AND PROCEDURES ETC.). 2. UPON RETIREMENT OF POLICE CHIEF PSD WOULD ASSUME DUTIES OF POLICE CHIEF AND HAVE ADMINISTRATIVE AUTHORITY OVER BOTH POLICE AND FIRE DEPARTMENTS. IV. ASST. FIRE CHIEF WOULD WORK 24 HR SHIFT DURING "INTERIM" PERIOD. 1. AT A FUTURE DATE (PROBABLY AT TIME OF RETIREMENT OF POLICE CHIEF) ASST. FIRE CHIEF WOULD WORK 40 HOUR WORK WEEK TO PROVIDE BETTER SUPPORT TO PSD. 2. AN ADDITIONAL FIREFIGHTER WOULD BE HIRED (PSD WOULD EVALUATE AND MAKE RECOMMENDATION). V. ADVANTAGES: I. COORDINATED TRAINING - ESPECIALLY EMS RELATED TRAINING. A. ONE PERSON COULD SET UP AND COORDINATE TRAINING PROGRAMS. MANY OF THE PROGRAMS OR TRAINING NEEDS ARE SIMILAR FOR POLICE AND FIRE SUCH AS BLOOD BORN PATHOGENS, OSHA REGS, EMPLOYEE RIGHT TO KNOW, ETC. B. DUPLICATION COULD BE ELIMINATED BY HAVING ONE . PERSON COORDINATE PROGRAMS. 2. BETTER COMMUNICATIONS BETWEEN DEPARTMENTS AND WITH CITY COUNCIL. A. ONE PERSON TO COMMUNICATE WITH AND TO ACT AS SPOKESPERSON FOR BOTH DEPARTMENTS. B. QUALIFIED PERSON WOULD BE ABLE TO PROVIDE GREATER INSIGHT ON THE TOTAL PUBLIC SAFETY RAMIFICATIONS OF VARIOUS ISSUES. 3. EDUCATIONAL AND EXPERIENCE BACKGROUND A. INDIVIDUAL WOULD BE BETTER PREPARED TO DEAL WITH LA WS/RULES AFFECTING CITIES AS WELL AS DEALING WITH CITY POLICIES AND PROCEDURES AND FORMAL REPORT WRITING. . . . . . CITY OF STILLWATER POSITION DESCRIPTION Title: Director of Public Safety Department: Public Safety (Police and Fire) Accountable To: City Coordinator Positions Supervised: All Police and Fire Department Personnel PRIMARY OBJECTIVE This is a highly responsible administrative position expected to provide and maintain effective leadership in the planning, development, administration and coordination of a progressive Public Safety Department which is responsive to the needs of the community, and maintained in accordance with all applicable laws and regulations, and sound law enforcement and fire suppression practices and procedures. ESSENTIAL FUNCTIONS: Develops, administers and coordinates all Public Safety programs to achieve the goals and objectives of the department. Major areas of accountability: · Police · Fire · Emergency Preparedness · Animal Control Establishes appropriate administrative and internal procedures to effectively manage the total Operation of the department. · Formulates realistic short and long-term goals for the department, within the context of priorities established by the City Coordinator and the City Council. · Initiates policies and programs to implement goals; formulates programs or policies to alleviate deficiencies. · Establishes judicious budget priorities · Supervises and coordinates the preparation and presentation of an annual budget for the Public Safety Department · Determines organizational structure Prepares and submits periodic reports to the City Coordinator and City Council regarding the Department's activities, and prepares a variety of other reports as appropriate. Responds to alarms and may direct activities at the scenes of major crimes and emergencies, as required. Monitors and controls operations of Police, Fire and Emergency Preparedness. · Establishes and effectively operates programs and activities which focus upon crime prevention and intervention and which clearly demonstrate significant citizen support and participation. · Designs data gathering procedures, reports, and records · Investigates problem areas and identifies public safety patterns · Manages and delegates the maintenance and use of equipment and facilities . Promotes effective utilization of personnel by identifying, recommending and evaluating staffing, training, evaluation, and supervision needs. · Monitors staff deployment and ensures the most effective utilization of personnel · Delegates responsibility and authority to others · Ensures the training and development of Department personnel · Evaluates and selects best candidates for entry level positions Supervises and motivates all personnel in the department to effectively carry out their responsibilities, to ensure the efficient delivery of municipal services to the department f s customers and the community. · Ensures that policies, procedures and performance standards are understood by all staff members and consistently applied · Appraises, rewards, and disciplines department staff based on careful examination of all facts · Handles commendations and disciplinary actions firmly and fairly · Takes precautions to minimize biases and promote accuracy in performance evaluations . Projects a positive, public service image by promoting€ooperative relations between public safety employees and other community groups. · Meets with and develops effective working relationships with elected or appointed officials, other law enforcement officials, community and business representatives, and the public to ensure and enhance public safety and fire prevention. · Displays interpersonal tact and sensitivity to community concerns when dealing with others · Prepares and delivers public addresses Performs other work as related or assigned · Attends conferences and meetings, and maintains professional memberships to keep current on new developments in legislation, law enforcement, criminal justice, fire suppression and government regulations which affect public safety operations · Develops and maintains professional contacts and associations · Reviews and evaluates innovative concepts and approaches, new equipment, and assistance programs NON-ESSENTIAL FUNCTIONS None . . . QUALIFICATION REQUIREMENTS To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, andlor ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION AND EXPERIENCE Graduation from a college or university with a bachelor's degree in police science, law enforcement, criminal justice, public administration or a closely related field. Seven (7) years of experience in police work, three years of which must have been equivalent to police sergeant or higher. Completion of the basic law enforcement training academy or equivalent or an equivalent combination of education and experience. Five (5) years of experience in fire fighting. KNOWLEDGE. SKILLS AND ABILITIES Thorough knowledge of modern law enforcement principles, procedures, techniques, and equipment; Considerable knowledge of applicable laws, ordinances, and department rules and regulations. Knowledge of the principles, practices, organizational purposes and administration of public safety programs and activities, and of modem police science and administration.. Knowledge of modern fire suppression, inspection and rescue principles, techniques, and equipment. Knowledge of the use of police records and their application to solutions of police cases and problems. Knowledge of types and uses of firearms, communication equipment and automotive equipment used in police work. Ability to apply law enforcement and firefighting principles, practices and procedures to the solution of difficult law enforcement and firefighting problems. Ability to plan, assign, supervise and effectively evaluate the work of subordinate personnel. Ability to prepare and direct the preparation of comprehensive reports, budgets and departmental material and correspondence. Ability to effectively communicate with city council, staff, other governmental agencies and the general public both verbally and in written form. . Ability to establish and maintain effective working relationships with subordinates peers and supervIsors. Ability to prepare technical reports and present to city council and staff. . Ability to develop new programs or approaches which will improve the operations and services of the department. Ability to maintain a level of discipline and working climate in which department personnel are motivated to perform to the best of their abilities. Ability to exercise sound judgment in evaluating situations and in making decisions. Must possess, or be able to obtain by time of hire, a valid State Driver's License without record of suspension or revocation in any state. Ability to meet Department's physical standards. SPECIAL REQUIREMENTS No felony convictions. TOOLS AND EQUIPMENT USED Police car, police radio, radar gun, handgun and other weapons as required, handcuffs, breathahlyzer, pager, first aid equipment, personal computer including word processing software. . Fire fighting and rescue equipment. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee must be able to see, hear, talk, use hands and fingers, and remain in a normal seated position as approximately 80% of the workday is seated. The employee is occasionally required to stand; walk; use hands to finger, handle, or operate objects, controls, or tools listed above; reach with hands and arms; climb or balance; stoop, kneel, crouch, or crawl; and taste or smell. The employee must occasionally lift and/or move more than 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. . . . . WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee frequently works in outside weather conditions. The employee occasionally works near moving mechanical parts; in high, precarious places; and with explosives and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, and vibration. The noise level in the work environment is usually moderate. EXAMPLES OF PERFORMANCE CRITERIA Establishes effective working relationships with others. Carries out assignments and duties under limited supervision. Improves efficiency of assigned duties. Handles difficult public contact situations in a professional manner. Work product (type reports, correspondence, etc.) generally free of errors and completed in a timely manner. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs ofthe employer and requirements of the job change. ~ c ~ o .:< o ~ * E '" ." ~ [ ~ ::l n g ~ 0 i! 0 c ~ i! () 0 s: ~ S. E ~ r" ..,., :;- ~ ~ o ~ !iQ ~3 33 ~ c ::l ::l O~ ;; n", o 0 3.. 3 ~ [: o ::l ;;!C. ... '" :. 5. ii 0: :;- :;- .. .. :;- 0 ..;:; 3l ~ " o~ ~ it '" i 9 '" '" _r" :I ~ .., .g :';! f c 0' ~ ~ :I ? ? "'= :;- ~ ~ 0 0 "n :g ~ :I r" :0 ~ ... ... '" 0 ~ n :0 ~ ~ 2- "- I' ~ n E ~ ~ '" :0 ... .. ~ -< ... ~ :l. :T ... <: i !!l ~ ~ ... ;. :;- .. '" :0 ,.. () ~ ? '" ~ I :. ii" o 1l' ~ ~ o e- el o 1l' *' ~ ~ ~ ... 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(:I ~ ... i ~ J?..., .. ~ C i ;; ~ " w !" ~ CI ~ C. '::l;:> -r:::> \" ~ APPENDIX A-I . MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 1997 After After After After Entrv I Year 2 Years 3 Years 4 Years City Engineer 57,121 58,708 60,295 61,881 63,468 Community Development Director 54,284 55,791 57,299 58,807 60,315 Police Chief 55,685 57,232 58,778 60,325 61,872 Fire Chief 52,466 53,924 55,381 56,839 58,296 Finance Director 54,065 55,567 57,068 58,570 60,072 Police Captain 51,673 53,108 54,543 55,979 57,414 Public Works Director 48,020 49,353 50,687 52,021 53,355 . Asst. Public Works Director - Street 43,802 45,019 46,236 47,452 48,669 Asst. Public Works Director - Parks 43,802 45,019 46,236 47,452 48,669 Assistant Fire Chief 46,364 47,652 48,940 50,228 51,516 City Clerk 38,621 39,694 40,766 41,839 42,912 Ice Arena Manager 36,830 37,852 38,876 39,898 40,922 Building Official 43,454 44,661 45,868 47,075 48,282 Employees shall be paid according to employees length of service in a classification. . 12 APPENDIX A-2 . MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 1998 After After After After Entrv 1 Year 2 Years 3 Years 4 Years City Engineer 59,983 61,649 63,3 16 64,982 66,648 Community Development Director 55,890 57,443 58,995 60,548 62,100 Police Chief 58,838 60,473 62,107 63,742 65,376 Fire Chief 54,691 56,210 57,730 59,249 60,768 Finance Director 56,959 58,541 60,124 61,706 63,288 Police Captain 53,235 54,714 56,193 57,671 59,150 i Public Works Director 49,460 50,834 52,208 53,582 54,956 .! Asst. Public Works Director - Street 45,117 46,370 47,624 48,877 50,130 Asst. Public Works Director - Parks 45,117 46,370 47,624 48,877 50,130 Assistant Fire Chief 49,334 50,705 52,075 53,446 54,816 City Clerk 40,295 41,414 42,533 43,653 44,772 lee Arena Manager 37,936 38,988 40,042 41,096 42,150 Building Official 44,757 46,000 47,244 48,487 49,730 Employees shall be paid according to employees length of service in a classification. . 13 APPENDIX "B" . STILL WATER PUBLIC MANAGERS ASSOCIATION MONTHLY LONGEVITY PAY SCHEDULE The Employee shall receive monthly longevity pay according to the fOIlOWing~pay schedule: After After After After 5 Years 10 Years 15 Years 20 Years City Engineer 100 196 292 342 Community Development Director 96 190 284 332 Police Chief 96 190 284 332 Fire Chief 92 180 272 316 Finance Director 92 184 276 322 Police Captain 92 180 272 316 Public Works Director 82 168 252 294 Asst. Public Works Director - Street 76 152 230 268 Asst. Public Works Director - Parks 76 152 230 268 Assistant Fire Chief 78 156 236 274 City Clerk 66 134 200 232 . Ice Arena Manager 66 128 192 224 Building Official 74 152 228 266 Longevity pay shall be based on employees years of employment with the City of Stillwater as a full-time, permanent employee. If an employee becomes eligible to receive longevity pay for only a portion of a month, the)ongevity pay for that month shall be determined by dividing the monthly longevity pay be the number of working days in the month and multiplying that rate by the number of days actually worked during the month. 14 . '. CITY OF STILL WATER CITY COUNCIL MEETING NO. 97-25 October 7, 1997 . REGULAR MEETING 4:30 P.M. The meeting was called to order by Mayor Kimble at 4:30 p.m. Present: Absent: Councilmembers Bealka, Cummings, Zoller and Mayor Kimble Councilmember Thole Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Police Chief Beberg Acting Fire Chief Barthol Ed Cain, Legislative Associates City Clerk Weldon Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette STAFF REPORTS . 1. Finance Director Deblon provided Council with a printout of expenditures to date for the General Fund and Special Revenue funds. She also reported the County Assessor does not expect the final assessor valuations to be complete until October 10; staff will provide Council with updated information related to the 1998 budget when the final valuations become available. 2. Police Chief Beberg requested authorization to use budgeted funds to purchase physical fitness equipment, chairs and file cabinets. (action on consent agenda) Councilmember Cummings requested additional patrol on McKusick Road to control speeding in the evening. Councilmember Zoller and Councilmember Bealka expressed concerns regarding trafficlspeeding control in area of St. Croix Catholic School. City Engineer Eckles will contact Washington County to request a reduction of speed limit to 25 mph. 3. City Engineer Eckles reported sewer service installation had disturbed the roots of a tree at South 2nd and Burlington and the tree is now unstable. The property owner does not want the tree removed. The tree is on City right-of-way and the City Attorney is concerned with the potential hazard and responsiblity of the City to protect the public. Councilmember Zoller requested a replacement tree be planted. . Motion by Councilmember Cummings, seconded by Councilmember Bealka authorizing removal of unstable tree on city right-of-way at 2nd Street and Burlington. All in favor. (Thole absent) 1 .. City Council Meeting No. 97-25 October 7, 1997 4. City Attorney Magnuson presented the appraisal done by Ray Kirchner for the acquisition of the Sutherland property for drainage easement for the ravine storm sewer work. He requested authorization to offer Sutherland the amount of the damages as described by Kirchner. If the . offer is not accepted, the issue would then go to the court system. Motion by Councilmember Zoller, seconded by Councilmember Cummings authorizing City Attorney to offer settlement to property owner (Sutherland) of Lot 1 & 4, Carli and Schulenburgs Addition, for acquisition of property for ravine storm sewer work. All in favor. (Thole absent) 5. City Coordinator Kriesel requested Council appoint Robert Barthol as Acting Fire Chief. He has been serving in that position since the retirement of Chief Ness on September 9, 1997. Motion by Councilmember Zoller, seconded by Councilmember Bealka to adopt Resolution 97-232 appointing Robert Barthol as Acting Fire Chief. Ayes: Councilmembers Zoller, Cummings, Bealka and Mayor Kimble Nays: None Absent: Councilmember Thole City Coordinator Kriesel also requested Council consider establishing the position of Public Safety Director. He will develop a job description and provide a more detailed evaluation at the next meeting. Motion by Councilmember Bealka, seconded by Councilmember Cummings directing staff to advertise for position of public safety director and develop job description. 0-4-1 All opposed (Thole absent) . Council directed Mr. Kriesel to develop job description for next meeting. On behalf of the staff, Community Development Director Russell presented a plant to Council in appreciation of the new facilities and in commemoration of the first meeting in the newly remodeled Chambers. Motion by Councilmember Zoller, seconded by Councilmember Bealka thanking staff for flowering plant presented to Council. All in favor. 1) Workshop on Stage 2 Levy Project. City Engineer Eckles introduced Tom Crump, Army Corps of Engineers, who is project manager for Stillwater Levee Project. He provided Council with an update of the project stages of repair, extension from the gazebo to Mulberry Point, and 3-foot flood wall. Representatives from neighboring properties (Desch Building, P.D. Pappy's, Stillwater Yacht Club) were present. Dan Hawkes, Stillwater Yacht Club, ~Eric Ingvaldson, representing P.D. Pappy's, questioned parking areas to be lost, use of boat launch, and time of completion. Mr. Crump offered to walk the site with them to show where parking will be affected and discuss time lines. . 2 . . . City Council Meeting No. 97-25 October 7, 1997 Motion by Councilmember Cummings, seconded by Councilmember Zoller to recess at 6: 15 p.m. All in favor. Mayor Attest: City Clerk 3 City Council Meeting No. 97-25 October 7, 1997 CITY OF STILLWATER CITY COUNCIL MEETING NO. 97-25 October 7,1997 RECESSED MEETING 7:00 P.M. The meeting was called to order by Mayor Kimble at 7:00 p.m. Present: Councilmembers Bealka, Cummings, Zoller, Thole and Mayor Kimble Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon City Engineer Eckles Community Development Director Russell City Clerk Weldon Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette APPROV AL OF MINUTES Motion by Councilmember Cummings, seconded by Councilmember Bealka approving minutes of September 9, 1997 Special Meeting and September 16, 1997 Regular Meeting. PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS 1. Commendation and Recognition of George Ness, Stillwater Fire Chief Mayor Kimble presented two plaques in honor of former Fire Chief George Ness. Family members Mary, Jennifer and Jessica Ness were present to receive the commendation plaque. Mayor Kimble also presented the fire department with a plaque honoring the memory of George Ness. The members ofthe fire department were present to receive the plaque. 2. Ron Anderson announced his retirement from the Water Board. City Administrator Kriesel, on behalf of the City, thanked Mr. Anderson for his cooperation and support during his 34 years of service to the City. OPEN FORUM 1. Don McKenzie, 12620 72nd St. N., expressed concerns regarding the anticipated increase in traffic volume on 72nd St. N. as a result of the Phase I annexation. He requested the City vacate East 72nd Street from Mid Oaks west to the first driveway. Mayor Kimble explained that issue is under examination by City staff and asked City Engineer Eckles to incorporate Mr. McKenzie's comments into the ongoing study. 2. Debbie Kohl, 2713 Croixwood Boulevard, stated she is unable to get leaf bags for yard waste; 4 . . . City Council Meeting No. 97-25 October 7, 1997 they are unavailable in stores and United Waste did not deliver them as requested. City Coordinator Kriesel explained the yard waste can be put in plastic bags if United Waste has not provided an adequate supply of bags. . CONSENT AGENDA * 6. 7. 8. 9. . 10. 11. 12. 13. 14. 15. 16. Motion by Councilmember Thole, seconded by Councilmember Bealka approving the consent agenda. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble. Nays: None. 1. Resolution 97-223: Directing Payment of Bills. 2. Hang banner - Trinity Church Yule Fest, November 7-24, 1997 3. Resolution 97-224: Gambling Premises Permit - Stillwater American Legion 4. Ratification of Authorization to dispense - Fall Colors Art & Jazz Festival 5. Contractors License: New: Durand Builders Services, Inc., Durand, WI; C & T Siding, Inc., Roberts, WI; Renewals: Blue Fin Pool and Spas, Inc., Minneapolis; Lawrence Sign, St. Paul; Applegate, Inc., Stillwater; Specialty construction Services, Inc., Fridley. Hang banners - School District, American Education Week, November 12-24, 1997; City of Stillwater Chamber of Commerce, HolidaylWinter Decorations, 11/25/97 - 2/2198 Utility Bill Adjustments Approving request to attend 27th Educational Conference of the National Institute on Park and Grounds Management, Parks Dept. Resolution 97-225: Accepting quotes and awarding contract to First Quality Fence to install new fence at Lily Lake and Ramsey Park. Resolution 97-226: Authorizing purchase of office equipment for the Police Department. Resolution 97-227: Approval of Diane Rollie to Downtown Parking Commission Resolution 97-228: Approving full-time employment of Shawn Sanders as Civil Engineer Resolution 97-229: Approving Compensation for City Coordinator Resolution 97-230: Approving full-time employment ofYu-Jen Wong as Senior Account Clerk. Resolution 97-231: Approving purchase of office furniture for the Finance Department. Approving request to hire a temporary worker to fill the vacancy of the Junior Account Clerk. PUBLIC HEARINGS 1. This is the day and time for the assessment hearing for 4th Street Ravine Storm Sewer, Project 9726, L.I. 330. Notice of the hearing was placed in the Stillwater Gazette on September 12, 1997 and notices mailed to affected property owners. . City Engineer Eckles outlined the scope of the project. He stated staffwill be going to sites where objections have been raised regarding the properties on the border of the project where owners have objected on the basis the property drains into area outside of project area. He also recommended eliminating the assessment on the vacant lot on the Sutherland property because that property is anticipated to be used by the City for drainage ponding. Councilmember Thole also requested eliminating the lineal foot addition assessment for properties adjacent to the ravine which had been considered benefitted properties. He did not feel these properties had any greater benefit than elsewhere in the project. 5 1. Tim Stefan, 807 and 809 North 4th Street, stated opposition to the lineal foot assessment. . City Council Meeting No. 97-25 October 7, 1997 The Mayor opened the public hearing. 2. Chuck Logan, 713 N. 4th Street, stated storm water is eroding his property; the bottom of the ravine appears to be shifted towards the southern slope; and his property does not contribute runoff into the project area. He sees no benefit to his property. 3. Paul Randall, 218 W. Maple Street, stated a general tax to all in the City should be used to pay for improvements rather than assessments to property owners. 4. Chris Lentz, 718 N. 3rd Street, felt the volume of water through the spillway was the cause of the problem, not their water going into the ravine. He asked Council to reconsider. 5. Edson Yon, 704 W. Elm Street, stated the water runoff doesn't bother him; it goes behind his house in the other direction. Council directed staff to investigate if the water from the Yon property actually drains into the project area or elsewhere. 6. Ron Kiel, 920 N. 3rd Street, requested clarification on how payment is made on the bill. Mayor Kimble explained the payment options. The Mayor closed the Public Hearing, except for those properties with written objections related to drainage going to the area outside of project and the Edson Yon property. Motion by Councilmember Thole, seconded by Councilmember Bealka to adopt Resolution 97-233 . eliminating the lineal foot assessment, holding out Edson Yon property ana-written objections related to drainage area, and adopting assessment roll as amended for 4th Street Ravine Storm Sewer, Project 9726, L.I. 330. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None Recess at 8:18. Reconvene at 8:35 p.m. 2. This is the day and time for the assessment hearing for Hazel Street Ravine Storm Sewer, Project 9610, L.I. 321. Notice of the hearing was placed in the Stillwater Gazette on September 12, 1997 and notices mailed to affected property owners. City Engineer Eckles reviewed the project. The Mayor opened the public hearing. 1. Rick Ruzga, 311 W. Willow, stated his property is not directly benefitted by the project. West Poplar does not channel as it should; he raised concerns about local drainage through his property. He felt this should not be considered an emergency project. 2. Karl Ranum, representing Wolf Marine, questioned if the funding mentioned for restoration work was available for dredging costs of his client's bay to remove accumulated materials deposited e since the ravine project began. Mayor Kimble stated all landscaping restoration was to be done within the ravine. Because this was an assessment hearing only, Mr. Ranum was advised to 6 City Council Meeting No. 97-25 October 7, 1997 direct further questions to City Attorney Magnuson at a later time. 3. Robert Slogar, 2012 Hazel Court, thanked the engineering department and contractor for ajob well done. He was not opposed to the project or against assessment, but felt the lineal foot assessment was not reasonable. His property did not contribute to the runoff. . The Mayor closed the public hearing at 9 p.m. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97-234 eliminating lineal foot assessment, holding out written objections, and adopting assessments as amended for Hazel Street Ravine Storm Sewer, Project 9610, L.I. 321. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None 3. This is the day and time for the assessment hearing for Croixwood Blvd Street Rehabilitation, Project 9724, L.I. 331. Notice of the hearing was placed in the Stillwater Gazette on September 12, 1997 and notices mailed to affected property owners. City Engineer Eckles summarized the project. He explained the assessment formula was on a per lot basis. The Mayor opened the public hearing. 1. Ray Poskozim, 2507 Croixwood Boulevard, questioned who issued the specifications for the project, who will inspect it during construction, and what was the life expectancy of the road. City Engineer Eckles stated Tim Moore wrote the specifications and would be inspecting the project. . 2. Betty Nelson, 2651 Fairlawn, asked if there was a penalty if the project is not finished on time. City Engineer Eckles responded there is a Sept 19th deadline with an approximate $200 per day penalty. She expressed concerns regarding the drainage at her comer. 3. Terry Rodgers, 2504 Croixwood Boulevard, did not feel it was a quality project, communication on the project was lacking, and unfair for only adjoining property owners to pay when it is used by all residents in Croixwood. 4. Debbie Kohl, 2713 Croixwood Boulevard, expressed concern that the street will not last ten years; the previous street only lasted eight years. The Mayor closed the public hearing at 9:25 p.m. Councilmember Thole explained that although Croixwood Boulevard has been done twice (last in 1985), the total assessment to the property owners for the two projects has been equal to or less than the assessments on streets that have been a one-time project. e Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-235 adopting assessments for Croixwood Blvd. Street Rehabilitation, Project 9724, L.I. 331. 7 City Council Meeting No. 97-25 October 7, 1997 Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None 4. This is the day and time for the assessment hearing for 1997 Street Improvements, Project 9716, . L.I. 328. Notice of the hearing was placed in the Stillwater Gazette on September 12, 1997 and notices mailed to affected property owners. City Engineer Eckles summarized the project and estimated costs. He reported the project was designed by Shawn Sanders and Tim Moore is the project coordinator. Mr. Moore updated Council on the schedule, stating the final coat of blacktop will be done next spring. He also noted a waiver was received from a property owner on Marsh St. for a new sidewalk on property where none currently exists. This is shown as a sidewalk assessment on roll under project 9716- 1, L.I. 328-1. The Mayor opened the public hearing. 1. Pat Cartoney, 1302 S. 1 st Street, questioned when her driveway entry would be completed; currently she must park in the street. Mr. Moore stated he would speak with the contractor tomorrow. 2. Richard Emanuelson, 1017 S. 2nd Street, objected to the sidewalk assessment on the basis he had requested the sidewalk on Hancock not be removed; it had been in excellent condition prior to the water service construction. He felt the removal of 20' was unneccessary. Council directed this item be held out for further consideration at next meeting. 3. Adam Nelson, 205 E. Marsh, questioned the impact on the tar put down by the heavy trucks crossing the new tar for sidewalk work. Staff reported any necessary patching will be done and a new layer will be applied. He also questioned the 2 1/2 ft. drop on his property, asking if that will have to be cut back. Mayor Kimble asked Mr. Nelson to contact the Engineering Dept. . 4. Zbigniew Wieckowski, 717 S. 2nd St., asked for clarification on how payments are to be made. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-236 holding out Emanuelson written objection, and adopting assessments as amended for 1997 Street Improvements, Project 9716, L.I. 328. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None Recessed at 10:10 p.m. and Reconvened at 10:25 p.m. 5. Case No. SUB/97-47. This is the day and time for the public hearing to consider a request for a subdivision from Jon Whitcomb for a subdivision of Lot 3, Block 21, Carli and Schulenberg's Addition to create a 100 x 75 foot lot fronting St. Croix Avenue in the RB, Two Family e Residential District. Notice of the hearing was placed in the Stillwater Gazette on September 26, 8 City Council Meeting No. 97-25 October 7, 1997 1997, and notices mailed to affected property owners. . Community Development Director Russell reviewed the request. He explained the Planning Commission reviewed the project using the East St. Croix Street side of the residence as the front property line and the rear as the north property boundary; the 75 feet width and 100 feet depth requirements are met. If the front of the residence is considered N. 2nd Street (as it appears), the depth requirement is 75 feet, 100 feet required and the frontage requirement is exceeded by 25 feet. Planning and staff indicated the proposal meets the lot width and depth requirements although the house is oriented to N. 2nd St. City Attorney Magnuson stated the issue is what side of the lot is the front. Policy indicates it should technically have an E. St. Croix address. The Mayor opened the public hearing. 1. Jon Whitcomb, applicant, stated the request meets all city requirements and was approved by the Planning Commission. 2. Randy Zalmer, 1211 N. 3rd St., stated that although the house right on the comer was "grandfathered in", the addition of another house would make it too crowded. He expressed concern regarding the steeply sloped area and drainage problems. 3. Tom Furst, 1311 N. 3rd St., stated the street is undersized; a new house would need a driveway, not street parking. He was also concerned with possible drainage issues. Councilmember Thole explained off-street parking cannot be a condition of approval. . The Mayor closed the public hearing. City Attorney Magnuson stated the removal of the porch takes care of the sideyard setback requirements and drainage plan approval by the City Engineer will address drainage concerns. Council determined the request meets the standards of the ordinance and there is no basis for denial. Approval would include Planning Commission conditions of approval. Motion by Councilmember Zoller, seconded by Councilmember Cummings to adopt Resolution 97-237 approving subdivision of Lot 3, Block 21, Carli and Schulenberg's Addition to create a 100 x 75 foot lot fronting St. Croix Avenue in the RB, Two Family Residential District, Case No. SUB/97-47, as conditioned. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None Following hearings taken out of agenda order: . This item listed as No.7 on the agenda. Case No. ZA T 197 -1. This is the day and time for the public hearing to consider a request for a zoning ordinance text amendment from the City of Stillwater allowing second detached accessory residential units in the Duplex Residential District, RB, if certain conditions are met. Notice of the hearing was placed in the Stillwater Gazette on September 26, 1997. First reading 9/16/97) 9 City Council Meeting No. 97-25 October 7, 1997 The Mayor opened the public hearing. 1. Karl Ranum, applicant, requested clarification regarding sewer and water connection. Community Development Director Russell stated it would meet his existing line. Mr. Ranum urged approval. . The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings to have second reading of Ordinance No. 850, adding requirements for accessory dwelling units. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None Next item taken out of order (Fischer Bros Lumberjack shows). This item listed as No. 10 on the agenda. Case No. SUPN/97-49. This is the day and time for the public hearing to consider an appeal from the Planning Commission denial by Jim Fischer for a special use permit and variance to parking for the Fischer Brothers Lumberjack Shows located at 501 North Main Street in the CBD, Central Business District. Notice of the hearing was placed in the Stillwater Gazette on September 26, 1997, and notices mailed to affected property owners. Community Development Director Russell reviewed the request, stating the Planning Commission and Design Review Committee approved the design with minor revisions. Planning Chair Fontaine explained the denial was based on parking concerns and noise. . The Mayor opened the public hearing. 1. Jim Fischer, applicant, explained his request, stating the show would be done by evening and bleacher areas would be constructed in a manner to enclose the noise. He did not feel the shows would have a negative impact on parking. 2. Larry Lappi, expressed concerns regarding noise control. 3. Charles Clausen, parent of two children involved in the sport of log rolling, urged approval. He stated lumberjacks are a symbol of Stillwater, what the City stands for. This program would be clean family fun. 4. Brent Peterson, 502 W. Churchill, historian, and HPC member, expressed his support for approval. He felt there was plenty of parking and the noise of diesel trains and traffic would be greater than the noise from the program. He stated lumberjack shows are a sport, not just entertainment. He asked the Council to bring heritage back to the downtown, and bring the Stillwater people to downtown. The Mayor closed the public hearing. Council determined approval would be contingent upon Planning and HPC conditions of . 10 . . City Council Meeting No. 97-25 October 7, 1997 approval and noise levels must be kept within PCA and City ordinance regulations. If in substantial violation of the conditions, the permit will not be renewed. Motion by Councilmember Cummings, seconded by Councilmember Bealka approving special use permit and variance to parking for the Fischer Brothers Lumberjack Shows located at 501 North Main Street in the CBD, Central Business District, as conditioned. Ayes: Councilmembers Cummings, Bealka and Mayor Kimble Nays: Councilmembers Thole and Zoller This item listed under NEW BUSINESS on the agenda. Request for No Parking - Stillwater Avenue West of Orlean Street. A petition was received from residents on Meadowview Drive and Stillwater A venue requesting the alleviation of problems with sight distances for vehicles exiting from Stillwater A venue onto Owens St. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97-239 directing staff to place "No parking from here to comer" signs on all sides of intersection of Owens St. and Stillwater Avenue, paint all curbs yellow around the corners, and work with Washington County to remove lilac bush that is obstructing vision. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None This item listed as No. lIon the agenda. Case No. V/97-47. This is the day and time for the public hearing to consider an appeal from the Planning Commission denial by Brenda Koller for a variance to the front and street side yard setbacks for the construction of a 24 x 30 foot attached garage at 703 West Willard Street in the RB, Two Family Residential District. Notice of the hearing was placed in the Stillwater Gazette on September 26, 1997, and notices mailed to affected property owners. Taken out of order (after New Bus. No.1, request for no parking) Planning Chair Fontaine explained the Commission denied the application because it did not feel the request met the hardship requirements. The appeal is modifying the request to a 24 x 24 foot garage. Motion by Councilmember Thole, seconded by Councilmember Bealka approving variance to the front and street side yard setbacks for the construction of a 24 x 24 foot attached garage at 703 West Willard Street in the RB, Two Family Residential District, as conditioned by Planning Commission. All in favor. Recessed at 11 :35 p.m. Reconvened at II :45 p.m. . This item listed as No.6 on the agenda. Case No. ZAM/97-2. This is the day and time for the public hearing to consider a request for a 11 City Council Meeting No. 97-25 October 7, 1997 zoning map amendment from Michael Borum for a zoning amendment changing the zoning designation for property at 610 North Main Street from RB Duplex Residential to CBD Central Business District. Notice of the hearing was placed in the Stillwater Gazette on September 26, 1997, and notices mailed to affected property owners. (Second reading of ordinance; first reading . 9/16/97) (Taken after Public Hearing No. II) The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. Motion by Councilmember Thole, seconded by Councilmember Cummings to have second reading of Ordinance No. 849 amending the zoning ordinance by changing the zoning classification of part of former territorial prison to CBD, Central Business District. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None This item listed as No.8 on the agenda. Case No. ZAT/97-2. This is the day and time for the public hearing to consider a request for a zoning ordinance text amendment from the City of Stillwater limiting development in and around steeply sloped areas. Notice of the hearing was placed in the Stillwater Gazette on September 26, 1997. (Second reading of ordinance; first reading 8/19/97) The Mayor opened the public hearing. There were no requests to be heard. The Mayor closed the public hearing. . Motion by Councilmember Thole, seconded by Councilmember Bealka to have second reading of Ordinance No. 846 amending zoning ordinance by prohibiting development of slopes. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None This item listed as No.9 on the agenda. Case No. ZAT/97-3. This is the day and time for the public hearing to consider a request for a zoning amendment from the City of Stillwater regulating the placement and design of radio frequency transmission towers and antennas throughout the city. Notice of the hearing was placed in the Stillwater Gazette on September 26, 1997. (First reading of ordinance 9/16/97) Community Development Director Russell reported the Planning Commission held a public hearing on the draft tower/antenna ordinance. A subcommitte was formed to meet with interested providers, with Sprint, AT&T, and American Portable Telcom attending. The draft ordinance before Council is a result of those meetings. He also noted a letter from Peter Coyle of Larkin, Hoffman, Daly & Lindgren, commenting on the current draft ordinance was in the Council packet. The Mayor opened the public hearing. . 1. Peter Beck, AT&T Wireless, presented comments regarding specific sections of the draft 12 . . . City Council Meeting No. 97-25 October 7, 1997 ordinance related to height limits, set backs, residential districts, co-locations and landscaping. City Attorney Magnuson requested the issue be tabled to a later meeting to provide time for additional comments. Motion by Councilmember Thole, seconded by Councilmember Bealka to table the possible second reading of ordinance amending the city zoning ordinance regulating commercial use towers and antennas. All in favor. 12. Case No. V/97-48. This is the day and time for the public hearing to consider an appeal from the Planning Commission denial by Ankeny Kell Architects for the City of Stillwater for a variance to the setback (75 feet required, 40 feet proposed) and building height (70 feet proposed, 40 feet allowed) requirements for the construction of an ice arena and air dome located at 2305 West Orleans (across from the senior center) in the BP-O, Business Park Office and BP-I, Business Park Industrial Districts. Notice of the hearing was placed in the Stillwater Gazette on October 1, 1997, and notices mailed to affected property owners. Motion by Councilmember Cummings, seconded by Councilmember Thole to table the appeal from the Planning Commission denial by Ankeny Kell Architects for the City of Stillwater for a variance to the setback and building height requirements for the construction of an ice arena and air dome located at 2305 West Orleans to October 14, 1997. All in favor. UNFINISHED BUSINESS 1. Awarding contract for Bond Counsel (continued from 9/16/97) A memo was received from Finance Director Deblon stating requests for proposals for bond counsel services were sent out to eight legal firms; five responded. All were reviewed and evaluated as to the firm's experience. Dorsey & Whitney has a high level of experience as bond counsel both in Minnesota and nationally. Ms. Deblon recommended Dorsey & Whitney be appointed as the city's bond counsel. Motion by Councilmember Cummings, seconded by Councilmember Bealka to adopt Resolution 97- 238 appointing Dorsey & Whitney as the City's bond counsel. Ayes: Councilmembers Zoller, Thole, Cummings <l!!d Bealka Nays: Mayor Kimble 2. Possible second reading of ordinance amending City Code, Chapter 29, Sewer Service Charges (first reading July 15, 1997) City Coordinator Kriesel reported this amendment added specificity to when rate changes are made which related to adjustments to residential conversions from one type of housing unit density to another (e.g., duplex to single) and for new accounts. Motion by Councilmember Thole, seconded by Councilmember Cummings to have second reading of Ordinance No. 842 amending City Code, Chapter 29, Sewer Service Charges. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble 13 City Council Meeting No. 97-25 October 7, 1997 Nays: None 3. Possible second reading of ordinance amending City Code, Chapter 30, Garbage and Rubbish (first reading July 15, 1997) City Coordinator Kriesel stated this added language to include the $5 per month "snowbird rate" for residents that leave the city for 90 days or more and pertaining to storage of containers and placement at curbside after 5 p.m. the day before collection and by 6 a.m. on day of collection. Motion by Councilmember Thole, seconded by Councilmember Cummings to have second reading of Ordinance No. 843 amending City Code, Chapter 30, Garbage and Rubbish. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None 4. Set special meeting for October 14,1997 to receive bids for Sports Complex. Motion by Councilmember Thole, seconded by Councilmember Bealka to set special Council meeting for October 14, 1997 to receive bids for Sports Complex. All in favor. NEW BUSINESS 1. Request for No Parking - Stillwater Avenue West ofOrlean Street. (Action taken earlier in meeting) 2. Approval of consultant services for development and review of expansion area greenways, parks, trails and open space plans. Community Development Director Russell requested authorization to hire Herb Baldwin, LA, to assist staff with review and development of greenway plans. Motion by Councilmember Cummings, seconded by Councilmember Bealka to refer consultant services contract with Herb Baldwin, LA for landscape architectural services for expansion area to Park Board for review and recommendation. Ayes: Councilmembers Cummings and Bealka Nays: Councilmembers Thole, Zoller and Mayor Kimble Mr. Russell stated it was critical at this point to have the service and input into the current projects. Council directed that Mr. Baldwin receive input from the Park Board and work with them on the development of the plans. Motion by Councilmember Thole, seconded by Councilmember Zoller to adopt Resolution 97-240 approving contract with Herb Baldwin, LA for landscape architectural services for expansion area greenways, open space and pathway planning, at a cost not to exceed $10,000. Ayes: Councilmembers Zoller, Thole, Cummings and Mayor Kimble Nays: Councilmember Bealka 14 . . . . . . City Council Meeting No. 97-25 October 7, 1997 3. Adopting Assessment for L.I. 327, Yacht Club Dredging and Wall. Motion by Councilmember Zoller, seconded by Councilmember Thole, to adopt Resolution 97-241 adopting Assessment for L.I. 327, Yacht Club Dredging and Wall. Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None 4. Adopting Assessment for L.I. 279-5, Water Service. City Coordinator Kriesel reported the Water Board had requested this item be tabled. Motion by Councilmember Thole, seconded by Councilmember Bealka to table the adoption of Assessment for L.I. 279-5, Water Service, at request of the Water Board. All in favor. 5. Adopting Assessment, Delinquent Utilities Local Improvement No. 001 Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97-242 adopting Assessment for Delinquent Utilities L.I. No. 001 . Ayes: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble Nays: None PETITIONS. INDIVIDUALS. DELEGATIONS & COMMENDATIONS (continued) COMMUNICA TIONS/REOUESTS 1. Letters regarding signage for businesses in the Stillwater Market place; a) Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P.; b) Urban Associates, Inc. Robert Briggs of Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P, representing business owners at Stillwater Market Place, asked Council to initiate action to allow signage on the rear of buildings in Stillwater Market Place advertising to Co. Rd. 5. The owner of Blimpies and Bridgemans said he received numerous comments from Stillwater residents at Lumberjack Days that they didn't know the business existed in Stillwater. Without signage, there is no visibility from Co. Rd. 5. Motion by Councilmember Thole, seconded by Councilmember Cummings directing Planning Commission to amend the West Business Park Plan and sign ordinance to accommodate request for additional signage for businesses in Stillwater Market Place. All in favor. 2. Lease of Engine #328. Motion by Councilmember Thole, seconded by Councilmember Bealka to table discussion of lease of Engine #328. All in favor. 15 City Council Meeting No. 97-25 October 7, 1997 ADJOURNMENT Motion by Councilmember Thole, seconded by Councilmember Bealka to adjourn at 12:23 p.m. All in favor. Mayor Attest: City Clerk Resolution 97-223: Directing Payment of Bills. Resolution 97-224: Gambling Premises Permit - Stillwater American Legion. Resolution 97-225: Accepting quotes and awarding contract to First Quality Fence to install new fence at Lily Lake and Ramsey Park. Resolution 97-226: Authorizing purchase of office equipment for the Police Department. Resolution 97-227: Approval of Diane Rollie to Downtown Parking Commission. Resolution 97-228: Approving full-time employment of Shawn Sanders as Civil Engineer. Resolution 97-229: Approving Compensation for City Coordinator. Resolution 97-230: Approving full-time employment ofYu-Jen Wong as Senior Account Clerk. Resolution 97-231: Approving purchase of office furniture for the Finance Department. Resolution 97-232: Appointing Robert Barthol as Acting Fire Chief. Resolution 97-233: Adopting assessment roll as amended for 4th Street Ravine Storm Sewer, Project 9726, L.I. 330. Resolution 97-234: Adopting assessments as amended for Hazel Street Ravine Storm Sewer, Project 9610, L.I. 321. Resolution 97-235: Adopting assessments for Croixwood Blvd Street Rehabilitation, Project 9724, L.I. 331. Resolution 97-236: Adopting assessments as amended for 1997 Street Improvements, Project 9716, L.I. 328. Resolution 97-237: Approving subdivision of Lot 3, Block 21, Carli and Schulenberg's Addition to create a 100 x 75 foot lot fronting St. Croix Avenue in the RB, Two Family Residential District, Case No. SUB/97-47, as conditioned. Resolution 97-238: Appointing Dorsey & Whitney as the City's bond counsel. Resolution 97-239: "No parking from here to comer" signs on all sides of intersection of Owens St. and Stillwater Avenue. Resolution 97-240: Approving contract with Herb Baldwin, LA for landscape architectural services for expansion area greenways, open space and pathway planning. Resolution 97-241: Adopting Assessment for L.I. 327, Yacht Club Dredging and Wall. Resolution 97-242: Adopting Assessment for Delinquent Utilities L.I. No. 001. 16 . . . , \ CITY OF STILLWATER CITY COUNCIL MEETING NO. 97-26 October 14,1997 SPECIAL MEETING ~he meeting was called to order by Vice Mayor Thole 4:30 p.m. Present: Absent: Councilmembers Bealka, Cummings, Thole and Zoller Mayor Kimble (arrived at 4:40 p.m.) Also Present: City Coordinator Kriesel City Attorney Magnuson Finance Director Deblon Community Development Director Russell City Engineer Eckles Gerald Fontaine, Planning Commission Ron Langness, Springsted, Inc. Tom McGlinch, Hockey Association Duane Kell, Ankeny Kell Architects Dick Olsen, GWO Construction Press: Julie Kink, Courier Mike Marsnik, Stillwater Gazette . 1. Case No. V/97-48. This is the day and time for the public hearing to consider an appeal from the Planning Commission denial by Ankeny Kell Architects for the City of Stillwater for a variance to the setback (75 feet required, 40 feet proposed) and building height (70 feet proposed, 40 feet allowed) requirements for the construction of an ice arena and air dome located at 2305 West Orleans (across from the senior center) in the BP-O, Business Park Office and BP-I, Business Park Industrial Districts. Notice of the hearing was placed in the Stillwater Gazette on October 1, 1997, and notices mailed to affected property owners. (Public hearing continued from October 7, 1997) Vice Mayor Thole opened the public hearing. There were no requests to be heard. The Vice Mayor closed the public hearing. Mayor Kimble arrived at 4:40 p.m. Mr. Fontaine explained the denial was made because the Planning Commission followed the strict letter of the law and could find no legal hardship for a variance. Staff reported the Market Place Design Guidelines were made for commercial uses and did not anticipate a fieldhouse. However, the Comprehensive Plan indicates a community center in that area. There is no area in the City where a dome could be built without a variance. . I City Council Meeting No. 97-26 October 14, 1997 , ~ Motion by Councilmember Cummings, seconded by Councilmember Thole approving variance to the setback (75 feet required, 40 feet proposed) and building height (70 feet proposed, 40 feet allowed) requirements for tJ. construction of an ice arena and air dome located at 2305 West Orleans in the BP-O, Business Park Office and BP- , Business Park Industrial Districts. Ayes: Councilmembers Zoller, Thole, Cummings and Mayor Kimble Nays: Councilmember Bealka (Assessment adjustments taken at this time) 2. Assessment roll adjustments: (Public hearing continued from October 7. 1997) City Engineer Eckles reported staff had investigated all objections tabled at the October 7 public hearings. He stated some properties that did not have written objections filed were found to not drain into the project area. These were deleted and the property owners will be notified that they will not be assessed. a) 4th Street Ravine Storm Sewer, Job No. 9726, L.I. 330 City Engineer Eckles recommended the vacant property owned by John Sutherland, 902 2nd St. be eliminated as well as four properties located at 610, 703, 711 N. 3rd St. and 118 Laurel St. which do not contribute to the drainage area. The property of Edson Yon, 704 Elm St. was investigated; he is being charged for front yard drainage only and should remain unchanged. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97-243 amendin' rolls as recommended by City Engineer and adopting assessments, 4th Street Ravine Storm Sewer, Job No. 9726, L.I. 330. Ayes: Nays: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble None b) Hazel Street Ravine Storm Sewer, Project 9610, L.I. 321 City Engineer Eckles reported the proposed lineal foot assessments for frontage on the ravine were eliminated for the three lots that were to receive this assessment. Motion by Councilmember Thole, seconded by Councilmember Cummings to adopt Resolution 97-244 amending rolls as recommended by City Engineer and adopting assessments, Hazel Ravine Storm Sewer, Project 9610, L.I. 321. Ayes: Nays: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble None 2 . .1 \ City Council Meeting No. 97-26 October 14, 1997 c) 1997 Street Improvements, Project 9716, 1.1. 328 and No. 9716-1,1.1. 328-1 . City Engineer Eckles reported staffhad investigated the request from Richard and Mary Emanuelson, 1017 S. 2nd St., and found the proposed assessment to be equitable. However, due to misunderstandings, he recommended an additional $100 credit for the sidewalk. The request by Karen Foley and Jonathan Neuse, 1303 S. 3rd St., for credit on driveway construction is not recommended for modification. Motion by CouncilmemberThole, seconded by Councilmember Cummings to adopt Resolution 97-245 amending rolls as recommended by City Engineer and adopting assessments, 1997 Street Improvements, Project 9716, 1.1. 328 and No. 9716-1,1.1. 328-1. Ayes: Nays: Councilmembers Zoller, Thole, Cummings, Bealka and Mayor Kimble None 3. Receive bids for St. Croix Valley Sports Complex City Coordinator Kriesel reviewed the bid worksheet and bid summary spreadsheet from the October 9, 1997, bid opening. Ron Langness, Springsted, Inc., presented revised pro forma information. . Council questioned items such as contingency fees, donation projections, depreciation, and revenues. City Coordinator Kriesel expressed concern that there was no completion date in the specifications. Dick Olsen, GWO Construction stated there is a completion date but no penalties. Mr. Olsen stated both the fieldhouse and arena would be operational by October 1998. He stated two weeks (immediately after October 28 meeting) would be the drop dead date for this years construction. Councilmember Thole left meeting at 5:45 p.m. City Attorney Magnuson stated a release must be received from the armory trust before digging could commence. Council requested all assumptions be factored into revised pro forma for the meeting of Oct. 28. Motion by Councilmember Zoller, seconded by Councilmember Bealka, to continue the receipt of bids for St. Croix Valley Sports Complex to October 28, 1997. All in favor. 4. Discussion of Public Safety Director position. Motion by Councilmember Cummings, seconded by Councilmember Bealka to table discussion of Public Safety Director position. All in favor. . " .) City Council Meeting No. 97-26 October 14, 1997 , j 5. Other Business Community Development Director Russell reported the City made an offer to purchase approximately 7_ acres of property owned by Burt and JoAlice Rivard. A counter offer had been received. Council discusseP" the possibility of condemnation proceedings. It was determined an appraisal should be obtained before further action was taken. Motion by Councilmember Zoller, seconded by Councilmember Cummings directing staff to obtain appraisal of Rivard property. All in favor. City Coordinator Kriesel requested Council preapprove setting a special meeting for 4:30 p.m. October 28 if it appears the agenda will be lengthy. Motion by Councilmember Cummings, seconded by Councilmember Bealka setting a special meeting for 4:30 p.m. October 28, 1997, if warranted by length of agenda. All in favor. ADJOURNMENT Motion by Councilmember Bealka, seconded by Councilmember Zoller to adjourn at 6:05 p.m. All in favor. Mayor Attest: City Clerk . Resolution 97-243 amending rolls as recommended by City Engineer and adopting assessments, 4th Street Ravine Storm Sewer, Job No. 9726, L.I. 330. Resolution 97-244 amending rolls as recommended by City Engineer and adopting assessments, Hazel Ravine Storm Sewer, Project 9610, L.I. 321. Resolution 97-245 amending rolls as recommended by City Engineer and adopting assessments, 1997 Street Improvements, Project 9716, L.I. 328 and No. 9716-1, L.I. 328-1. 4 . ~ , LIST OF BILLS EXHIBIT "A" TO RESOLUTION 97-246 Abbott Paint Action Rental emerican Linen Supply motek/Lusa Anchor Block Arend, James Aspen Mills Bailey Construction Bartley Sales B.C.A. B.C.A./Training and Development Bell, Tim Best Brake & Exhaust Blue Line Law Enforcement Board of Water Comm. Bonestroo, Rosene, Anderlik Brad Ragan Inc. Brockman Trucking Butts, Victoria BWBR Architects Capitol Communications Carlson, Jan Carlson Reconstruction Car Quest _arlson Tractor ~enex Land O'Lakes Century Power City of Stillwater Chamber Commercial Roof Comp USA The Courier Cy's Uniforms Dahlgren, Shardlow & Uban Del's Outdoor Equipment Desch, Mark & Gloria Durand Builders Eckles, Klayton Ecolab Edward, Dave Electrical Mechanical Services Equipment Supply Express Photo Facility Systems Fire-Guard Sprinkler First Presbyterian Church Folz, Freeman, Dupay .ourth Baptist Church G & K Services GE Capital IT Solutions Paint Concrete/Hammer Drill Towels Chair Casters Block Inspection Services Uniform Sidewalk/Curb/Storm Sewer City Hall Project CJDN Connect/Operations Class Registration Housing/Meals Battery Night Enforcer WAC/Hydrant Rep./Del. Asmt. Feasibility Study Tires Trailer Rental Refund Park Deposit City Hall Project Service Refund Park Deposit Refund Building Permit Parts Parts Refund Park Deposit Tractor Linkage Refund Park Deposit Repair Shop Roof Supplies Council Proceedings Uniforms AUAR Part Parking Lease/Maint. Roof Repair/Painting Computer Desk Pest Removal Services Park Deposit Refund Repairs Service Film Processing Pencil Drawers City Hall Project Refund Park Deposit Professional Services Refund Park Deposit Uniforms/Rugs/Mops Replace Battery 309.41 355.43 20.16 44.45 175.83 450.00 53.24 10,400.00 596.00 390.00 40.00 342.96 144.00 2,682.50 6,482.51 17,602.24 226.42 282.92 35.00 701.08 150.00 35.00 691.12 229.37 64.79 85.00 107.99 250.00 180.00 234.30 72.00 669.23 17,865.19 6.38 979.65 24,500.00 202.32 219.36 35.00 1,283.08 233.37 10.98 127.80 1,024.00 35.00 951.50 35.00 2,647.73 44.00 ~ Gabbard, Michelle Refund Park Deposit 35.00 , General Office Products Chair 753.17 Geo. W. Olsen City Hall Project 6,250.00 Goodwill Industries Recycling 324.79 Gordon Iron Iron 56.45 . Grand View Lodge Meals/Phone Calls 27.30 Grazzini Bros. City Hall Project 2,720.00 Harmon Contract City Hall Project 500.00 Harriman, Alice Refund Park Depsoit 35.00 Hart's Auto Supply Brake Pads/Shoes 99.00 Hawk Labeling Systems Label Tape 14.91 Honeywell Security System 389.79 Hydraulic Jack & Equip. Jack 1,979.50 I mages of the Past Projector Bulb 29.82 Imagineering System Consulting 1,351.00 Industrial Door City Hall Project 515.00 Interim Personnel Temporary Receptionist 2,275.88 Jay Bros. Pioneer Park Wall 25,484.00 Johnson, Chad Refund Grading Deposit 1,500.00 Johnson, Ron Shop Vacs 212.98 Junker Sanitation Garbage Bags Sold 37.50 Kremer Spring Parts 460.03 Krongard Refrigeration Refrigerant/Oil 3,076.57 Lacal Equipment Sweeper Parts 1,849.87 Lakeland Ford Parts 98.01 Langness, Margaret Refund Park Deposit 35.00 League of MN Cities Dues 8,053.00 . Linner Electric Rewire Cooling System 449.23 Magnuson, David Legal Services 12,573.83 Maple Island Hardware Misc. Hardware 104.52 Market Place Car Wash Car Wash 9.54 Markhurd Mapping 4,600.00 Max Steininger Inc. City Hall Project 1,780.00 Maxim Technologies 1997 Streets 930.00 M. C. P. A. Reference Manual 29.62 Med-Tech Resources Gloves 165.88 Midrange Computing Manual 54.95 Midwest Childrens Resource Video Tape 21.30 M II Life Participant Fees 158.10 Miller, Davin Clothing 158.56 MinnBlue Supplies 333.78 Mulcahy Inc. City Hall Project 2,755.00 National Main Street Center Publications 123.00 New Harvest Comm. Church Refund Park Deposit 35.00 North Shore Compressor Maintenance 242.96 Northwestern Tire Wheel Alignment 22.00 Northwest Chapter F.B.I.N.A.A. Membership Dues 20.00 Norwest Bank Refund Park Deposit 35.00 Norwood Young America Refund Park Deposit 35.00 . Ochs Brick Company Glass Block 913.49 OEI Business Forms Computer Paper 1,304.57 I t On-Site Sanitation Peterson, Sara Peterson Seed Co. Premier Lift Products "ublic Safety Equip. Co. Wbuantum Digital Rink-Tec Royal Concrete Pipe Reliable Office Products Reliance Electric Motors Roettger Welding Rose Floral Sanders, Shawn Sather, lee Schaubach, Shelly Schwantes Heating Selleck, Gary Service Environmental SEH Shilts, Cindy Shorty's Snyder's Source Services St. Croix Animal Shelter St. Croix Office Supply St. Paul Linoleum and Carpet at. Paul Pioneer Press ~tillwater Equipment Stillwater Fire Relief Stillwater Gazette Superintendent of Documents T. A. Schifsky Thomsen, Tim Tousley Ford Trinity Lutheran Church Trust-X Twin Cities Service Center Valley Trophy Van Paper Vasall, Dave Vicom Inc. Viking Office Products Washington County Washington SWCD Watson, Dennis Weldon, Morli Wybrite Zarnoth Brush Works Aepper, Allen ~iegler Zoller, Robert Unit Rental/Service Refund Park Deposit Grass Seed City Hall Project Calibrate Radar Units Forms Freon System Blocks/Rings Mobile Data Rack Motors Mount New Motors Flowers Cloth Tape Refund Park Deposit Mileage Repair Furnace Refund Park Deposit Myrtle Street Dump Feasibility Study Meetings/M ileage Laudry Cat Food Temp Services Boarding Fees Office Supplies Install Carpet Employment Ad Supplies State Fire Aid Publications Subscription Blacktop Air Fare Parts Refund Park Deposit OSHA Manual Service Agreement Name Plates Paper Products Refund Park Deposit T elecommu nications Misc. Office Supplies Assessment Services Monitoring Station Programming Services Directories/M ileage Maintenance Sweeper Parts Chapter Meetings Parts for Loader Copies 510.52 35.00 845.05 535.00 150.00 24.49 5,619.65 435.04 124.98 3,000.00 385.00 106.50 10.62 35.00 19.20 152.00 35.00 13,114.57 5,334.04 38.40 96.76 3.29 8,030.50 857.65 815.82 355.95 283.31 200.49 75,052.00 533.70 25.00 9,792.28 201.00 53.02 35.00 181.82 275.04 280.12 316.31 35.00 5,835.33 583.1 9 52,016.68 1,500.00 736.00 55.97 8.53 285.10 51.50 93.81 11.07 ADDENDUM Airtouch Cellular AT&T Wireless Fina Fleet Fueling NSP NSP U. S. West Cellular Phones Cellular Phones Fuel Gas/Electric Street Lights Phones/Long Distance Approved by the City Council this 28th Day of October, 1997. Total Due: 66.96 341.32 696.12 4,617.55 11 ,527.02 507.62 386,190.10 \ . . . . On-Site Sanitation Peterson, Sara Peterson Seed Co. Premier . Products a'ublic Safe Equip. Co. 'Wbuantum Digl I Rink-Tec \ Royal Concrete ~e Reliable Office Pro~ucts Reliance Electric Motors Roettger Welding Rose Floral Sanders, Shawn Sather, lee Schaubach, Shelly Schwantes Heating Selleck, Gary Service Environmental SEH Shilts, Cindy Shorty's Snyder's Source Services St. Croix Animal Shelter St. Croix Office Supply St. Paul Linoleum and Carpet ~t. Paul Pioneer Press W'3tillwater Equipment Stillwater Fire Relief Stillwater Gazette Superintendent of Documents T. A. Schifsky Thomsen, Tim Tousley Ford Trinity Luthern Church Trust-X Twin Cities Service Center Valley Trophy Van Paper Vasall, Dave Vicom Inc. Viking Office Products Washington County Washington SWCD Watson, Dennis Weldon, Morli / Wybrite " Zarnoth Brush Wor s A7epper, Allen ~iegler Zoller, Robert ! Unit Rental/Service Refund Park Deposit Grass Seed City Hall Project Calibrate Radar Units Forms Freon System Blocks/Rings Mobile Data Rack Motors Mount New Motors Flowers Cloth Tape Refund Park Deposit Mileage Repair Furnace Refund Park Deposit Myrtle Street Dump Feasibility Study "\ Meetings/Mileage '\.Laudry ~at Food T~p Services Boctr:9in9 Fees Office\~upplies Install C~rpet Employ~nt Ad Supplies \\ State Fire Afd PubUcations Subscription Blacktop Air Fare Parts ' Refund Park Deposit ,. 'i"" OSHA Manual Service Agreement Name Plates Paper Products Refu nd Park Deposit Telecommunications Misc. Office Supplies Assessment Services Monitoring Station Programming Services Directories/Mileage Maintenance Sweeper Parts Chapter Meetings Parts for Loader Copies '\ '\ " " "\ \; 510.521 35.~Y / 845405 535.00 150.00 24.49 5,619.65 435.04 124.98 3,000.00 385.00 106.50 10.62 35.00 19.20 152.00 35.00 13,114.57 5,334.04 38.40 96.76 3.29 8,030.50 857.65 815.82 355.95 283.31 200.49 75,052.00 533.70 25.00 9,792.28 201.00 53.02 35.00 181.82 275.04 280.12 316.31 35.00 5,835.33 583.19 52,016.68 1,500.00 736.00 55.97 8.53 28 .10 51.50 93.81 11.07 \ , Be sure the Local Unit of Government and the CEO of your organization sign the reverse side of this application. For Board Use Only Date & Initials of Specialist LG220 Rev06/95 Minnesota Lawful Gambling Application for Authorization for an Exemption from Lawful Gambling License For Board Use Only Fee Paid Check. # Initals Date Reed Organization Name Church of St. Michael Previous lawful gambling exemption number Street Cit Stillwater S ate Zip Code MN 55082 County Wn 611 S. Third St. &218 E. Willard St. Name of Chief Executive Officer of organization (CEO) First Name Last Name Michael C. Skluzacek Daytime Phone number of CEO (i12) 439-4400 reasurer Last Name Daytime Phone Number of Treasurer Heimerman 439-4964 D Fraternal D Veterans I1Ll Religious D Other nonprofit Check. the box that indicates the type of proof attached to this application by your organization: D IRS letter indicating income tax exempt status ~ertificate of good standing from the Minnesota Secretary of State's office DA charter showing you're an affiliate of a parent nonprofit organization Droof previously submitted and on file with the Gambling Control Board ~9~~!~ll~ll~ticf,~~~:I\; Name of Establishment where gambiing activity will be conducted St. Croix Catholic School Building MN Zip Code 55082 County Street 621 S. Third St. City Stillwater State WN Date(s) of activity (for raffles, indicate the date of the drawing) November 8, 1997 Check. the box or boxes which indicate the type of gambling activity your organization will be conducting W Bingo D Raffles D Paddlewheels D Pull-tabs D Tipboards _L L Local Unif'(j(Government Jurisdiction Is this gambling premises located within city limits? DYes D No If Yes, write the name of the City: City Name . If No, write the name of the County and the Township: County Name Township Name Check the appropriate status of the Township: D:>rganized Dnorganized }i[~ii,~~I~(6!!,,;g,~~S?~;~.~EfjJ!l,~tit::"d;~k6i()~/edgiftent 1. The city must sign this application if the gambling premises is within city limits. 2. The county and tov.nship must sign this applica- tion if the gambling premises is not within city limits. 3. DO NOT submit this application to the Gambling Control Board if it is denied by the local unit of government. 4. NOTE: A Tov.nship may not deny an application. Upon submission of this application to the Gambling Control Board, the exemption will be issued not more than 30 days (60 days for cities of the 1 st dass) from the date the local unit of government signed the application, provided the application is complete and all necessary information has been received, unless the local unit of government passes a resolution to specifically prohibit the activity. A copy of that resolution must be received by the Gambling Control Board within 30 days of the date filled in below. Cities of the first class have 60 days in which to disallow the activity, City or County Acknowledgment of Receipt of Application Signature of person receiving application Township Acknowledgment of Awareness of Application Signature of person acknowledging application Date Received: / 0 1'1 TItle of person receiving application Date Signed: Title of person acknowledging application ;':0itfilfic~1~i';E::,~1E;rlile~"':CJffl~er:':;::;::" ,. .' .... ',. 'nformation is true, accurate and complete. Date: t? d/ //} Plkf Submit the app ation at least 45 days prior to your scheduled date of activity. Be sure to attach the $25 application fee and a copy of your proof of nonprofit status. . Mail the complete application and attachments to: Gambling Control Board 1711 W. County Rd B Suite 300S Roseville, MN 55113 . This publication will be made available in altemative fonnat ~.e. large print, braille) upon request. Questions on this fonn should be directed to the Licensing Section of the Gambling Control Board at (612)639-4000. Hearing impaired individuals using a TOO may call the Minnesota Relay Service at 1-800-627-3529 in the Greater Minnesota Area or 297-5353 in the Metro Area. The information requested on this fonn will be used by the Gambling Control Board (GCB) to determine your compliance with Minnesota Statues and rules goveming lawful gambling activities. All of the information that you supply on this fonn will become public infonnation when received by the GCB. RESOLUTION NO. 97- APPROVING SALARY AND LONGEVITY PAY SCHEDULES FOR ENGINEERING TECHNICIAN III . BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the salary and longevity pay schedules for the position of Engineering Technician III, as shown on attached Appendix A-2 & B, is hereby approved. Adopted by Council this 28th day of October, 1997. Jay L. Kimble, Mayor ATTEST: Morli Weldon, City Clerk . . . . . Memorandum To: Mayor & C. oy. . Marcy Cot:de j " October 24, 1997 From: Date: Re: Salary and Longevity schedules for Engineering Technician III Discussion Council has received in this packet a recommendation from City Engineer Klayton Eckles to hire Jason Rykal as Engineering Technician III, effective November 17, 1997. Because this is a newly created position, it is not currently included in the labor agreement between the City of Stillwater and AFSCME Council 14. Attached for your review and approval are copies of proposed amended salary schedule A-2 and Appendix B, longevity, for the Engineering Technician III position. Salary schedule A-2 has an entry-level salary of $32,000. This figure corresponds with 1997 salaries paid for the same position in comparable cities throughout the metro area, while maintaining a reasonable pay relationship with other Stillwater City positions. As a result, I anticipate AFSCME approval of the salary schedule before the October 28, 1997 Council meeting. Recommendation Council approval of the proposed amended salary and longevity schedules for the new Engineering Technician III position. APPENDIX A-2 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 1997 . Part-time Employees 1040 2080 4160 6240 Hours Hours Hours Hours Full-time Employee Entry 6 mos. 1 Year 2 Years 3 Years Sr. Account Clerk 2354 2501 2648 2795 2942 Jr. Account Clerk 2013 2139 2265 2391 2516 Secretary 2285 2428 2571 2714 2856 ClerkfTypist 1962 2085 2207 2330 2452 SecretarylDispatcher II 2354 2501 2648 2795 2942 Secretary/Dispatcher I 2311 2457 2602 2746 2891 Building Inspector 2626 2792 2956 3120 3284 Asst. Bldg. Inspector 2285 2428 2571 2714 2856 . Janitor 1872 1989 2106 2223 2341 CSO 2012 2138 2264 2389 2515 Assistant Planner 2194 2331 2468 2605 2741 Planner 2744 2916 3087 3259 3430 Pking. Enforcement Off. 1821 1935 2049 2163 2276 Engineering Tech. III 2667 2833 3000 3167 3333 Engineering Tech. IV 2986 3173 3360 3546 3733 Asst. Finance Director 3090 3284 3477 3670 3863 Civil Engineer 3167 3364 3562 3761 3959 Employees shall also receive longevity pay according to Appendix B. . APPENDIX B MONTHLY LONGEVITY PAY SCHEDULE . EFFECTIVE JANUARY 1, 1996 After After After After Part-time Employees 10,400 20,800 31 ,200 41,600 Hours Hours Hours Hours or or or or Full-time Employee 5 Years 10 Years 15 Years 20 Years Sr. Account Clerk 56.00 112.00 168.00 200.00 Jr. Account Clerk 48.00 98.00 146.00 176.00 Secretary 55.00 110.00 165.00 196.00 Clerkffypist 48.00 98.00 146.00 176.00 Secretary/Dispatcher II 56.00 112.00 168.00 200.00 SecretarylDispatcher I 55.00 110.00 165.00 196.00 . Building Inspector 67.00 134.00 201.00 242.00 Asst. Bldg. Inspector 55.00 110.00 165.00 196.00 Janitor 47.00 95.00 142.00 171.00 CSO 48.00 98.00 146.00 176.00 Assistant Planner 55.00 110.00 165.00 196.00 Planner 68.00 136.00 204.00 245.00 Pking. Enforcement Off. 44.00 89.00 133.00 160.00 Engineering Tech. III 67.00 134.00 201.00 242.00 Engineering Tech. IV 74.00 148.00 222.00 268.00 Asst. Finance Director 77.00 154.00 231.00 277.00 Civil Engineer 79.00 158.00 237.00 283.00 . MEMO October 23, 1997 TO: Mayor and City Council . FROM: Klayton H. Eckles ~t / City Engineer SUBJECT: Approval of Jason Rykal As Engineering Technician III DISCUSSION: The 1997 budget included the hiring of a technician for the engineering department effective June 1, 1997. We recently completed a search and interview process and found that Jason Rykal was the most qualified candidate. Mr. Rykal is currently employed by BRW and has been with that firm for over five years. Prior to that he worked for the City ofEau Claire. He has experience with auto-cad and project coordination. It is anticipated that over time this position would become the expert in GIS. Mr. Rykal has indicated that he eager to accept this position and would be available starting November 17, 1997. RECOMMENDATION: Staff recommends that Council approve the hiring of Jason Rykal as Engineering Technician III with a starting date of November 1 ih. ACTION REQUIRED: . If Council concurs with the staff recommendation they should pass a motion adopting Resolution No. 97-_, APPROVING FULL-TIME EMPLOYMENT OF JASON RYKAL AS ENGINEERING TECHNICIAN III. . . . . RESOLUTION NO. 97- APPROVING FULL-TIME EMPLOYMENT OF JASON RYKAL AS ENGINEERING TECHNICIAN III BE IT RESOLVED, by the City Council of the City of Stillwater, Minnesota, that the full-time employment of Jason Rykal, from and after November 17, 1997, for a probationary period of six months, is hereby approved; and that as compensation for services the said Jason Rykal shall receive wages and benefits as specified in the agreement between the City of Stillwater and AFSCME Council Local 517, Council 14. Adopted by the City Council this 28th day of October, 1997. CITY OF STILLWATER Jay Kimble, Mayor ATTEST: Modi Weldon, City Clerk MEMO October 23, 1997 TO: Mayor and City Council . FROM: Klay1:on H. Eckles jL~ ~ City Engineer SUBJECT: Purchase of Plow and Dump Truck DISCUSSION: The 1997 budget includes $85,000 for the purchase of a new dumplplow truck. Staff has been exploring the purchase options and found that the most c~st effective way to purchase a new truck is to go through the Mn/DOT Cooperative Purchasing Program. A basic tandem truck, prior to modification into a dumplplow truck, has price of $60,113 .20 with tax. The plow truck package, which includes a front snow plow, an underbody ice breaker plow, a dump box, sand spreader, and safety strobe system has a price of$32,749.82. Therefore, the total price for this truck with tax is $92,863.02. We investigated the approximate value of the 1983 Ford plow truck. We estimated that this truck would have a sale price of$12,000 if we tried to sell it in a reasonable time period. In talking with Boyer Ford, they indicated that they would give the City $16,000 for the 1983 Ford truck, assuming we completed the repairs that are currently underway. As an alternative there are some very good reasons to consider retaining this vehicle for use . as a backup. Currently, if we have one piece of equipment break down we lose an entire plow route. Given the need for additional manpower and equipment for the annexation area, we will need to consider modifying our snow plow staff and creating an additional route. The 1983 Ford truck, although old and tired, could probably serve the City for several years ifits use is limited to snow plowing. This option may be more cost effective than purchasing a brand new truck next year. Ifwe proceed with this option we will have a $7,800 deficit. At some point the 1983 Ford would be traded in or sold and much of that deficit could be recovered at that time. Therefore, staff is recommending that Council proceed with this option. RECOlVIMENDATION: Staff recommends that Council approve the purchase of a tandem truck from Boyer Ford including modifications by Jaycraft for a total package price of$93,000. ACTION REQUIRED: Should Council concur with the staff recommendation they should pass a motion adopting Resolution No. 97- , AUTHORIZING PURCHASE OF PLOW AND DUMP TRUCK FOR THE STREET DEPARTMENT. . . RESOLUTION NO. 97- AUTHORIZING PURCHASE OF PLOW AND DUMP TRUCK FOR THE STREET DEPARTMENT BE IT RESOLVED, by the City Council of Stillwater, Minnesota that the purchase of a 1997 Ford tandem dump truck from Boyer Ford and plow from Jaycraft, at a bid price of $93,000 is hereby approved. Adopted by the City Council of Stillwater this 28th day of October, 1997. Jay Kimble, Mayor Attest: . Modi Weldon, City Clerk . RESOLUTION APPROVING RE-APPORTIONMENT OF SPECIAL ASSESSMENT FOR PARCEL #32.030.20.43.0019 WHEREAS, the City Council of the City of Stillwater has previously adopted the special assessments for local improvement # 157; and WHEREAS, the City Council of the City of Stillwater has previously adopted the special assessments for local improvement #250; and WHEREAS, it is the policy of the City of Stillwater to reapportion special assessments when there is subdivision of property with outstanding special assessments; and WHEREAS, the balance of the special assessment outstanding on parcel #32.030.20.43.0019 for local improvement #157 as of October 31,1997 is $1,767.64; and WHEREAS, the balance of the special assessment outstanding on parcel #32.030.20.43.0019 for local improvement #250 as of October 31, 1997 is $125.11; and WHEREAS, the property owner has notified the city of a subdivision for parcel #32.030.20.43.0019. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Stillwater, that, pursuant to the sub-division, the following reapportionment of special assessments is hereby approved and adopted: Parcel 1 Parcel 2 Total L.I. 157 L.I. 250 $1,767.94 125.11 $1,712.56 121.08 $55.38 4.03 $1,833.64 $1,893.05 $59.41 Adopted by City Council this 28th day of October, 1997. Mayor Attest: City Clerk . . . Jay L. Kimble, Mayor RESOLUTION NO. 97- . APPROVAL OF AGREEMENT BETWEEN CITY OF STILL WATER AND IMAGINEERING COMPUTER CONSULTING, INC. BE IT RESOL VED by the City Council of Stillwater, Minnesota, that the Agreement for Network Installation Services which will include hardware and software acquisition, installation and maintenance, staff training, preventative maintenance, and future trouble shooting of the network system at the hourly rate as per appendix A of the agreement, is hereby approved, and the appropriate city staff is authorized to sign said Agreement. Adopted by Council this 28th day of October, 1997. ATTEST: Modi Weldon, City Clerk . . Memorandum To: Mayor & Council From: Marcy Cord . Date: Re: Agreement for Network Installation Services Background Attached for Council review and approval is a copy of an agreement for computer network related services between the City of Stillwater and Imagineering, Computer Consulting, Inc. As you may recall, the City previously entered into an agreement with Imagineering some months ago to consult with the City on our networking needs and create a comprehensive network design. Now that we are in the installation stage ofthe project, a new agreement has been created to encompass Imagineering's continuing work on the project, including hardware and software acquisition, installation and maintenance, staff training, preventative maintenance, and future trouble-shooting of the network system. The budget for the Local Area Network presented to Council at previous meetings includes consulting monies for these network-related services. The hourly rates, as explained in Appendix A of the agreement, remain unchanged, and are comparable with, if not less than, industry standards. Staff has been extremely satisfied with Imagineering's work on the network to date. Their . service is professional and responsive to the City's needs, and have been able to work quite effectively with the City's AS400 vendor and Washington County Information Services on some of our network and connectivity issues. Recommendation A resolution for Council approval of the attached agreement between the City of Stillwater and Imagineering, Computer Consulting, Inc., effective September I, 1997 and terminating on August 31, 1998. . . . . IMAGINEERING. COMPUTER CONSULTING. INC. I CITY OF STILL WATER AGREEMENT This agreement is made and entered into and between the City of Stillwater, 216 North 4th Street, Stillwater, Minnesota 55082 (hereinafter the City of Stillwater) and Imagineering, Computer Consulting, Inc., 211 Graham Ave, Eau Claire, Wisconsin 54701 (hereinafter ICC). WITNESSETH WHEREAS, the City of Stillwater is in need of contract services for computer network related services, and, WHEREAS, ICC represents that it is qualified and willing to provide these services, and, WHEREAS, the City of Stillwater wishes to purchase these services on an as needed basis from ICC, NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed and understood as follows: I. Term of Al!:reement This agreement begins on September 1, 1997 and terminates on August 31, 1998. It may be terminated at any time during the term ofthe agreement without cause by either party, by giving thirty (30) calendar days written termination notice to the other party. II. Automatic Renewal Upon expiration of the Initial Term, this agreement shall automatically extend on the anniversary termination date for subsequent one year periods unless thirty (30) days prior to the expiration date, a party hereto gives written notice to the other party of its intent to terminate this agreement as of such expiration date. Rates will be negotiable on an annual basis unless otherwise agreed upon. III. Services ICC will perform computer network related services as requested by the City of Stillwater. These services include, but are not limited to installation of the City's local area network, including hardware and software installation and maintenance, hardware and software selection and acquisition, preventative maintenance, training, and troubleshooting. This agreement is for professional services only and does not include any hardware or software products or parts. The City of Stillwater may, at its discretion, purchase any parts required for the repair either from ICC or from other sources and provide these parts to ICC. IV. Chan!:es This agreement is not intended to guarantee ICC any minimum hours of service. ICC will be reimbursed for only those hours of service actually performed at the hourly rate identified in Appendix A plus charges for travel identified below. a. Charges for Travel: The City of Stillwater will pay for travel time and mileage in connection with services when round trip exceeds 25 miles. Travel time is to cover personnel cost of travel and will be charged to the City of Stillwater at the rate established in Appendix A. Mileage is to cover vehicle expense including gas and will be billed at the rate established in Appendix A. b. Taxes: All maintenance charges are exclusive of applicable federal, state, or local taxes which are payable by the City of Stillwater. V. Chane:es in Chare:es For Services The charges for services shall be effective for the term of this agreement and no changes shall be made except by written agreement of the parties. VI. Hours of Service Services will be provided during ICC regular hours listed in Appendix A. Calls for service will be answered between these hours. It is recognized by both the City of Stillwater and ICC that many of the services performed need to be done after hours or during weekends to minimize down time. ICC agrees to use its best efforts not to interfere with client's operations in the process of performing such services. VII. Response Time In the event of an emergency, ICC will provide four (4) hour return call or eight (8) ~our on-site service during the current term of agreement. VIII. Limitation of Liability Except for ICC's obligation to indemnify the City of Stillwater under the Indemnification clause of this agreement, ICC's liability to the City of Stillwater for any cause whatsoever shall extend only to those actual damages suffered by the City of Stillwater as a direct result of ICC's breach of this agreement. This limitation of liability shall not apply to injury to persons or damage to property, including death, which result from the negligent or intentional acts of ICC, its agents or employees. . . . . . . Page 3 IX. Indemnity Clause ICC agrees it will defend, indemnify and hold harmless the City of Stillwater, its officers, and employees against any and all liability, loss, costs, damages and expenses which the City of Stillwater, its officers or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or intentional acts ofICC, its officers, agents or employees in the performance of this agreement. X. Independent Contractor XI. XII. Nothing contained in this agreement is intended or should be construed as creating the relationship of co-partners or joint ventures within the City of Stillwater or the departments. No tenure or any rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits available to the City of Stillwater employees, shall accrue to ICC or employees ofICC performing services under this agreement. Insurance ICC agrees, in order to protect itself and the City of Stillwater during the indemnity provisions set forth above, to have and keep in force at all times during the term of this agreement a general comprehensive liability insurance policy and an automobile liability insurance policy each in the amount of $200,000 for bodily injury or property damage to anyone person and $600,000 for total injuries or damages arising from anyone incident. ICC also agrees to maintain Workmen's Compensation Insurance in the Statutory amounts. Certificates of Insurance showing the coverage listed here shall be provided to the City of Stillwater prior to the effective date of this agreement. Record DisclosureslMonitorine: Procedures Pursuant to M.S. Statute 16B.06, Subd. 4, the books, records, documents, and accounting procedures and practices ofICC relevant to this agreement are subject to examination by the City of Stillwater and either the Legislative Auditor or the State Auditor, as appropriate. ICC agrees to maintain these records for the period of three years from the date of termination of this agreement. Page 4 XIII. Data Privacy . All data collected, created, received, maintained, or disseminated or used for any purposes in the course oflCC's performance of this agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01 et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. ICC agrees to abide by these statutes, rules and regulations as they may be amended. XIV. Nondiscrimination During the performance of this agreement, ICC agrees to the following: No person shall, on the grounds ofrace, color, religion, age, sex, disability, marital status public assistance status, criminal record, creed or national origin be excluded from full employment rights in, participation in, be denied the benefits of or be otherwise subjected to discrimination under any and all applicable Federal and State laws against discrimination. XV. Mer2er and Modification 1) It is understood and agreed that the entire agreement between the parties is . contained here and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter. All items referred to in this agreement are incorporated or attached and are deemed to be part of this agreement. 2) Any material alterations, variations, modifications, or waivers of provisions of this agreement shall be valid only when they have been reduced to writing as an amendment and signed by the parties. XVI. Force Maieure ICC shall not be liable to the City of Stillwater for any delay or failure by ICC to perform its obligations under this agreement or otherwise if such delay or failure arises from any cause or causes beyond the reasonable control oflCC, including but not limited to labor disputes, strikes, other labor or industrial disturbance, acts of God, floods, lightning, shortages of materials, rationing, utility or communication failures, earthquakes, casualty, war acts of the public enemy, riots, insurrections, embargoes, laws, blockages, actions, restrictions, regulations, or orders of any government, agency, or subdivision thereof, or temporary unavailability of qualified service personnel at ICC's office due to service call(s) received before the City of Stillwater's call. . . . . Page 5 XVII. Default IflCC fails to perform any of the provisions of this agreement or so fails to administer the work as to endanger the performance of the agreement, this shall constitute default. Unless the ICC's default is excused, the City of Stillwater may upon written notice immediately cancel this agreement in its entirety. XVIII.Exclusivity This agreement does not give ICC exclusive rights to supply contracted computer network services at the City of Stillwater. The City of Stillwater reserves the right to utilize any vendor to supply said services as the City of Stillwater chooses. . Page 6 Si2nature Pa2e . Imagineering, Computer Consulting, Inc. By: Date: City of Stillwater By: Date: By: Date: . . . . Page 7 IMAGINEERING. COMPUTER CONSULTING. INC. I CITY OF STILL WATER APPENDIX A CURRENT TERM OF AGREEMENT: 09/01/97 THROUGH 08/31/98 PRICE AND PAYMENT TERMS: Hourly services payable 30 days after receipt of invoice. HOURS OF SERVICE: ICC's normal hours of operation are 8:00 AM - 5:00 PM Monday through Friday. HOURLY SERVICE RATE: The current hourly service rate is $70.00 per hour. OVERTIME I WEEKEND HOURLY SERVICE RATE: The current hourly service rate is $90.00 per hour. HOURL Y TRAVEL TIME RATE: The current travel time rate is $40.00 per hour, weekdays and weekends. MILEAGE RATE: The current mileage rate is $0.29 per mile for any trip over 25 miles round trip. MINIMUM MONTHL Y SERVICE HOURS: 00 Minimum service hours for the current term. /~ / .;!~ ::2:7 ,/ /; , _. ..,.,,;;...,..~,f;fr .~"'.~ 38-1. Modify the .casework in the Dispatch Room1.11~,.. Modify elevations 5A and 6A per . . a~a7~~;d. ,~he7t-~~1~-F.r38.:.> .... .' :::;(~~'r.::/:'~t~;=;,:,-,:.' -. . Reference: Sheet A 1 L~ (Add)~~~~Q(,~'- . Originatedr~~Y.'; Attachme~'~ :"A 1~ P R38 '. ,:', -':_~..-;:-; ; 400 Sibley S_l S.itc SIlO .': '-. S"Paul,MiDneoou 55101 '..- . ~ :::~~~:, '.,..'.~t:.:'.;;.:,.;~it:];j~i~,~~;~?~\~I~~:.~~:~t4f411~~~f~;;;;~;~.'. BWBRNo.9S057.o1 . 15-5<1"97 PR 38- Pace 2 -'- " , ....'. ,,.:~l~1;'~~~~:~~;X.~' . . . . . -, . ...." ~ . .' . . . MEMO October 23, 1997 TO: Mayor and City Council Klayton H. Eckles V- e' ./ City Engineer FROM: SUBJECT: Environmental Investigation for Stillwater City Garage Project No. 9741 DISCUSSION: Recently it was discovered that the hydraulic lift at the City garage has been leaking hydraulic fluid into the soil beneath the garage concrete slab. This could result in expensive environmental contamination ifnot dealt with promptly. Therefore, staffhas obtained two quotes from environmental consulting firms to complete a limited site investigation. FIRM QUOTATION Service Environmental & Engineering $8,697.50 Peer Environmental & Engineering Resources, Inc. $9,016.00 The City has done extensive work with Service Environmental due to the reasonable prices and high quality of their work. The City does not have money budgeted for this environmental work at this time. There is a reasonable chance that much of the cost of this work is reimbursable through the Petro Fund Program. RECOMMENDATION: Staff recommends that the City proceed with a limited site investigation of the Stillwater City Garage using Service Environmental & Engineering for a cost not to exceed $8,697.50. ACTION REQUIRED: If Council concurs with the recommendation, they should pass a motion adopting Resolution No. 97-_, ACCEPTING AND APPROVING PROPOSAL FROM SERVICE ENVIRONMENTAL & ENGINEERING FOR THE LIMITED SITE INVESTIGATION OF THE STILLWATER CITY GARAGE. RESOLUTION NO. 97- ACCEPTING AND APPROVING PROPOSAL FROM SERVICE ENVIRONMENTAL & ENGINEERING FOR THE LIMITED SITE INVESTIGATION OF THE STILLWATER CITY GARAGE . BE IT RESOLVED by the City Council of Stillwater, Minnesota, that the proposal from Service Environmental for the limited site investigation of the Stillwater City Garage, hereto attached as Exhibit A, is hereby accepted and approved, and the appropriate City staff is authorized to sign said Proposal. Adopted by the City Council of the City of Stillwater this 28th day of October, 1997. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk . . . .3. . Attest: t RESOLUTION NO. 97-254 RESOLUTION ADOPTING ASSESSMENT FOR REPAIR OF PARAPET WALL AT 235 ~ EAST CHESTNUT STREET WHEREAS, pursuant to proper notice duly given as required by City Code Chapter 38.01, the council has met and heard and passed upon all objections to the proposed assessment for the repair of parapet wall at 235 'li East Chestnut Street. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF STILL WATER, MINNESOTA: 1. Such proposed assessments, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of five (5) years, the first ofthe installments to be payable on or before the first Monday in January 1998, and shall bear interest at the rate of seven percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1997. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at anytime prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City of Stillwater Treasurer. No interest shall be charged ifthe entire assessment is paid within thirty (30) days from the adoption of this assessment. You may at anytime thereafter, pay to the Washington County Treasurer the installment and interest in process of collection on the current tax list and you may pay the remaining principal balance of the assessment to the City of Stillwater Treasurer, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists ofthe county. Such assessments shall be collected and paid over in the same manner as other municipal taxes, Adopted by the council this 28th day of October, 1997. Jay Kimble, Mayor Modi Weldon, City Clerk . . . LOCAL IMPROVEMENT NO. REPAIR OF P ARAPET WALL AT 235 Yz EAST CHESTNUT STREET Owners name Address 235 Yz east chestnut St. PID No. Amount 28-030-20-41-0048 $25,242.00 Arlen and Jill Rivard Stillwater Public Library . 1997 Capital Budget: Release of funds. pt. 2 We are requesting the release of the second portion of the library's 1997 capital budget. All of the following items were seen and approved by the City Council in our 1997 Capital Budget Request. The release of part 3 of the funds will be requested in November. Service Improvements Kids' Catalog $4200 New Technology for Patron Access to Information PCs for graphic interface Computer printers $4000 $1000 Upgrades to the automated system jointly owned with WCL Telecommunications upgrade $7800 Office Improvements Office shelving $500 . Building Modifications ADA Compliance $2000 . -... --' MEMORANDUM . TO: Mayor and City Council . . FR: Steve Russell, Community Development Director ~ DA: October 20, 1997 RE: CONSIDERATION OF EA W FOR SPORTS COMPLEX AND DETERMINATION OF NO PROBABLE SIGNIFICANT IMPACT Background. An Environmental Assessment Worksheet for the sports complex was prepared and distributed as required by the environmental review requirement rules. Comments were re~eived from the Minnesota Historical Society, MnDOT, DNR and Met Council (see attached). No comments were received questioning the accuracy and completeness of the material or identifying potential significant impacts. Both DNR and Met Council commented on Item 18 - Water Quality - Surface Water Runoff. A response to their comments is attached. Environmental Determination. In making the determination of environmental impact, the proj ect design, EA W document, EA W comments and response are considered. In this case, because the project is located in the Brown's Creek Watershed and the annexation area AUAR study boundaries that AUAR is referenced as a document that addresses Brown's Creek water quality issue. The mitigation plan in that document addresses runoff impacts from development in the existing city as well as other areas of the Watershed beyond the city boundaries. When implemented, the mitigation issue will further protect Brown's Creek from runoff impacts. As a result ofthis information, staff recommends that the Sports Complex Project Phase I and II will not cause probable irreversible environmental effect or cumulatively impacts on environmental resources and impacts are mitigated by project design and storm water runoff improvements in the Market Place development and mitigation plan in the annexation area AUAR. Recommendation: Findings that no probable significant environmental impacts will result from the Stillwater Community Center/Sports Complex. Attachments: EA W, St. Croix Valley Community Center/Sports Complex Comment letters HPC, MnDOT, DNR, Met Council Response to comments dated October 1997 r illwater ~ ---~ - ~ TH::--IRTH PLACE OF MINNESOTA J NOTICE OF ENVIRONMENTAL ASSESSMENT WORKSHEET FOR ST. CROIX VALLEY COMMUNITY CENTER/SPORTS COMPLEX The City Council of the City of Stillwater has prepared an Environmental Assessment Worksheet (EA W) for the development of Stillwater Community Center/Sports Complex. The center includes two ice arenas, field house, public works facility and national guard training center on the 16.26 acres site. The community center is located south of Curve Crest Boulevard and east of Market Drive in the Market Place Development. The EA W is available before review at the Stillwater Community Development Department, City Hall, 216 North Fourth Street. Comments will be received on the EA W from August 11 to September 10, 1997. Comments should be submitted to: Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater MN 55082 r--- / ,.~~ "-----~ ------ CITY HALL: 216 NORTH FOURTH STILLWATER, MINNESOTA 55082 PHONE: 612-439-6121 .. . . ../' ') I / \ \ -':. Environmental Assessment Worksheet (EA W) NOTE TO PRE PARERS This worksheet is to be completed by the Responsible Government Unit (RGU) or its agents. This project proposer must supply any reasonable accessible data necessary for the worksheet, but is not to complete the final worksheet itself. If a computer answer does not fit in the space allotted, attached additional sheets as necessary, . For assistance with this worksheet, contact the Minnesota Environmental Quality Board (EQB) at (612) 296-8253 or (toll-free) 1-800- 652-9747 (ask operator for the EQB environmental review program) or consult "EA W Guidelines", a booklet available from the EQB. NOTE TO REVIEWERS Comments must be submitted to the RGU (see item 3) during the 30-day comment period following notice of the EA W in the EQB ivlonitor. (Contact the RGU or the EQB to learn when the comment period ends). Comments should address the accuracy and completeness of the information, potential impacts that may warrant further investigation, and the need for an EIS. Jfthe EA W has been prepared for the scoping of an EIS (see item 4), comments should address the accuracy and completeness of the information and suggest issues for investigation in the EIS, - I. ProjectTitIe SAINT CROIX VALLEY COMMUl'.TJTY/SPORTS COMPLEX (SPORT COMPLEX) 2. Proposer City of Stillwater 3. RGV City of Stillwater Contact person Stephen Russell Contact person Stephen Russell Address 216 North Fourth Street and title Community Development Director Stillwater MN 55082 Address 216 North Fourth Street Phone Stillwater MN 55082 612-430-8820 Phone 612A30-8820 . 4. Reason for EA W Preparation o EIS scoping . mandatory 0 citizen petition 0 RGU discretion 0 Proposer volunteered If EA W or EIS is mandatory, give EQB rule category number(s) 4410,4300 Subd. 14 B (2) S. Project Location SW 1/4 SW 1/4 32 Section 30N Township 20W Range County Washington City/Twp Stillwater Attach copies of each of the following to the EA W: a. a county map showing the general location of the project; Exhibit I b. copy(ies) of USGS 7.5 minute, I :24,000 scale map (photocopy is OK) indicating the project boundaries; Exhibit 2 c. a site plan showing all significant project and natural features, Exhibit 3 6. Description - Give a complete description of the proposed project and ancillary facilities (attach additional sheets as necessary). Emphasize construction and operation methods and features that will cause physical manipulation of the environment or produce wastes. Indicate the timing and duration of construction activities. The Stillwater Community/Sports Complex includes four building elements; training center, field house, hockey arena seating 1,100 and public works facility, on a 16.26 acre site. The site plan shows the site and the development components. To accommodate development, the site will be graded and recontoured. A detention basin will be constructed on the west side of the site to accommodate the natural movement of water from east to west. It is anticipated that the project wiII begin construction in Fall 1997 and be completed within one year. It is probable the public works facility and/or the training center may be constructed as a second phase of consttuction . because of funding. Provide a 50 or fewer word abstract for use in EOB Monitor notice. 1 7. Project Magnitude Data Total Project Area (acres) 16,26 acres Number of Residential Units Unattached NA or Length (miles) Attached NA Commercial I Industrial I Institutional Building Area (gross floor space) Total 183,250 square feet; Indicate area of specific uses: Office Training Center 39,000 SF Retail N/A Warehouse N/A Light Industrial N/A Other Commercial (specify) Public Works Garage 20,000 SF Building Height(s) 72 feet (Fieldhouse) 40 feet (Training Center) Manufacturing N/A Other Industrial N/A Institutional Ice Arena 43,000 SF Fieldhouse 81,250 SF Agricultural . 8. Permits and Approvals Required List all known local, state, and federal permits, approvals, and funding required: Unit of Government Type of Application Status Federal: None Minnesota Pollution Control Agency (MPCA) National Pollution Discharge System (NPDES) - Construction Site Erosion To Be Submitted City of Stillwater Planned Unit Development (PUD) Building Permit(s) In Process Pending 9. Land Use Describe current and recent past land use and development on the site and on adjacent lands, Discuss the compatibility of the project with adjacent and nearby land uses; indicate whether any potential conflicts involve environmental matters. Identify any potential environmental hazard due to past land uses, such as soil contamination or abandoned storage tanks. . The site is located in the Stillwater West Business Park. The site is designated commercial in the Comprehensive Plan. Uses in proximity to the site include retail and service to the west, retail to the south, retail and office industrial to the east and community service and multifamily residential to the north (Orleans Terrace, Senior Center, Bodlovick Apartments). There are not known potential environmental conflicts with adjacent uses and no known environmental hazards. The site was previously an agricultural use. 10. Cover Types Estimate the acreage of the site with each of the following cover types before and after development (before and after totals should be equal): Before After Before After Types 2 to 8 Wetlands Urban/Suburban Lawn 0 0 Landscaping 16.26 6.06 Wooded/Forest .3 .3 Impervious Surface 10.2 Brush/Grassland 0 0 Other (describe) 0 0 Cropland 0 0 . 2 . . . II. Fish Wildlife, and Ecologically Sensitive Resources a. Describe fish and wildlife resources on or near the site and discuss how they would be affected by the project. Describe any measures to be taken to minimize or avoid adverse impacts. Research and record investigations were undertaken in relation to the Stillwater Market Place Development EA W review in the summer of 1993. Since the subject site is located within the Market Place study area, confirmation of earlier conclusions and records from local and state offices can be summarized as follows. (It should be noted that follow-up correspondence with the MnDNR has been undertaken in relation to this subject Stillwater Sports Complex EA \V) MnDOT's resident wildlife biologist has reviewed an adjacent project on West Orleans Street. He has determined that three threatened or endangered species, Lanpsilis, Peregrine Falcon and the Bald Eagle may inhabit areas in \Vasbington County. The Higgin's Eye Mussel has been found in the St. Croix River. The high bluffs adjacent to the river provide potential nesting sites for both the falcon and the eagle. The proposed project is located a considerable distance west of the river in a developing Stillwater urban area. As such, impacts to threatened and/or endangered species close to the river environment will not be impacted. The subject site has no identified unique natural features that would harbor sensitive fish and wildlife resources. b. Are there any state-listed endangered, threatened, or special-concern species; rare plant communities; colonial waterbird nesting colonies; native prairie or other rate habitat; or other sensitive ecological resources on or near the site? DYes . No If yes, describe the resource and how it would be affected by the project. Indicate if a site survey of the sources was conducted. Describe measures to be taken to minimize or avoid adverse impacts. 12. Physical Impacts on Water Resources Will the project involve the physical or hydrologic alteration (dredging, filling, stream diversion, outfall structure, diking, impoundment) of any surface water (lake, pond, wetland, stream, drainage ditch)? DYes . No If yes, identify the water resource to be affected and describe: the alteration, including the construction process; volumes of dredged or fill material; area affected; length of stream diversion; water surface area affected; timing and extent of fluctuations in water surface elevations; spoils disposal sites; and proposed mitigation measures to minimize impacts. 13. Water Use a. Will the project involve the installation or abandonment of any wells? 0 Yes . No For abandoned wells give the location and Unique well number. For new wells, or other pre\'iously unpemlitted wells, give the location and purpose of the well and the Unique well number (if known), b. Will the project require an appropriation of ground or surface water (including dewatering)? 0 Yes . No If yes, indicate the source, quantity, duration, purpose of the appropriation, and DNR water appropriation permit number of any existing appropriation. Discuss the impact of the appropriation on ground water levels. 3 c. Will the project require connection to a public water supply? . Yes 0 No If yes, identify the supply, the DNR water appropriation permit number of the supply, and the quantity to be used. Extensive design and review was undertaken in relation the neighboring Stillwater Market Place Development immediately south and west of the subject site area. As a part of that Development, extension and sizing of public water supply utilities was completed. The subject project will connect to existing public water lines located in Market Drive (12" D.I.P. Water lVlain), Curve Crest Boulevard (16" D.I.P. 'Vater Main) and West Orleans Street (16" D.I.P. Water Main). Quantities of water use have as yet not been calculated for the subject proposed Sport Complex facility and other uses within the site development area. I.t Water-related Land Use Management Districts Does any parlof the project site involve a shoreland zoning district, a delineation IOO-year flood plain, or a state or federally designated wild or scenic river land use district? 0 Yes . No If yes, identify the district and discuss the compatibility of the project with the land use restrictions of the district. 15. Water Surface Use Will the project change the number or type of water craft on any water body? 0 Yes . l'io If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other users or fish and wildlife resources, 16. Soils Approximate depth (in feet) to: Ground water: Minimum Average Bedrock: minimum Average Describe the soils on the site, giving SCS classifications, if known (SCS interpretations and soil boring logs need D..Q1 be attached), Groundwater: lVIinimum: 20 feet Average: 25 feet Bedrock: Minimum: N/A Average: NA Soils on the site are described as follows: A Braun Intertec Engineering Inc. soils field investigation and report was undertaken for the site area on April 30, 1991. Detailed soil boring logs and characteristics were set forth and are on record at City Offices. General descriptions of soils consist from surface to boring depths of Topsoil and Coarse Alluvium (identified as Sandy Silt, Silty Clay, and Poorly Graded Sand). With the exception of some soil replacement measures (i.e. fine grained alluvial soils where they approach the surface), no existing soil constraints were identified that would negatively impact structure foundations, parking areas or other development on the site. SCS Soils Classifications found on the site area are as follows (see Figure _ for soil type location information): 264 Freson Silt Loam 367 Campia Silt Loam 3428 153B Kingsley Sandy Loam Santiago Silt Loam 4 . . . 1'7. Erosion and Sedimentation Give the acreage to be graded or excavated and the cubic yards of soil to be moved: acres ; cubic yards Describe any steep slopes or highly erodible soils and identify them on the site map, Describe the erosion and sedimentation measures to be used during and aftcr construction of the project. . Storm water runoff on the existing site generally flows westerly over the site. The proposed grading ofthe site will direct the majority ofthe storm water to the west and eventually to the retention basin described in the storm sewer section. Suitable grading material exists on site and will be used for the backfill for the buildings and paved areas. Erosion control measures will be placed prior to the start of grading operations and will remain in place until all slope stabilization is completed. Areas disturbed during construction will be seeded, sodded or paved during the restoration phase of construction. Grading will be phased to minimize disturbance and erosion. It is estimated that 95% to 98% of the site will be graded and/or excavated for project development. Approximately 45,000 cubic yards of material will be excavated for the site improvements. 18. Water Quality - Surface Water Runoff a. Compare the quantity and quality of site runoff before and after the project. Describe methods to be used to manage and/or treat runoff. b. Identify the route(s) and receiving water bodies for runoff from the site. Estimate the impact of the runoff on the quality of the receiving waters. (If the runoJJmay aJJect a lake consult "EA W Guidelines" about whether a nutrient budget analysis is needed). . The storm water for this site will be collected by a storm sewer system and carried to a detention (no dead pool storage) basin located at the west side of the site adjacent to l\larket Drive. Storm water for the buildings will be collected by an interior drainage system and carried to the detention basin by the storm sewer system. The Storm water on paved and unpaved surfaces will run overland and be directed to drainage structures and collected into a storm sewer system and carried to the detention basin. The outlet for the detention basin will connect to an existing catch basin located in Market Drive. The Storm water will be retained and discharged in accordance to the requirements ofthe City. The discharge rate from the detention basin will be limited to approximately 2 cfs. The storage volume for the detention basin for the 100 year event is approximately 144,000 cubic feet. No dead pool storage will be provided for in the detention basin. Storm water will discharge to Long Lake and then to Browns Creek. 19. Water Quality - Wastewaters a. Describe sources, quantities, and composition (except for normal domestic sewage) all sanitary and industrial wastewaters produced or treated at the site. All of the proposed building structures will generate normal domestic sewage. The estimated average daily flow from the site has not yet been determined. Flows will not exceed acceptable local and state regulatory limits. . 5 b. Describe any waste treatment methods to be used and give estimates of composition after treatment, or if the project involves on-site sewage systems, discuss the suitability of the site conditions for such systems. Identify receiving waters (including ground water) and estimate the impact of the discharge on the quality of the receiving waters. (If the discharge lIIay affect a lake cOl/sult "EA W Guidelilles" about whether a I/utriellt budget allalysis is lIeeded). Sewage will be treated at the Stillwater Waste Water Treatment Plant. There is an adequate plant capacity to treat the projected flow. The proposed development is in accordance with the Comprehensive Sewer Plan. c. If wastes will be discharged into a sewer system or pretreatment system, identify the system and discuss the ability of the system to accept the volume and composition of the wastes, Identify any improvements which will be necessary. N/A 20. Ground Water - Potential for Contamination a. Approximate depth (in feet) to groundwater: 20 feet minimum; 25 feet average. b. Describe any of the following site hazards to ground water and also identify them on the site map: sinkholes; shallow limestone formations/karst conditions; soils with high infiltration rates; abandoned or unused wells, Describe measures to avoid or minimize environmental problems due to any of these hazards. None c. Identify any toxic or hazardous materials to be used or present on the project site and identify measures to be used to prevent them form contaminating ground water. None 21. Solid Wastes; Hazardous Wastes; Storage Tanks a. Describe the types, amounts, and compositions of so"lid or hazardous wastes to be generated, including animal manures, sludges and ashes. Identify the method and location of disposal. For projects generating municipal solid waste indicate if there will be a source separation plan; list type (s) and how the project will be modified to allow recycling. The proposed development and various operations located within the project area will generate mixed municipal solid waste. Compostable food wastes will be generated during various site activities during the year. Grass clippings and other garden/turf maintenance wastes may also be generated and suitable for composting. Other wastes will most likely be made up of paper, plastics and some glass and metals. Recycling pick-up will be employed by the waste hauler serving the development. Ice maintenance will produce temporary storage of seasonal materials that will either be subject to seasonal melting or will be hauled off-site to a disposal area. b. Indicate the number, location, size, and use of any above or below ground tanks to be used for storage of petroleum products or other materiais (except water). None for Sports Complex 6 . . . 22. Traffic - Parking spaces added 481 Existing spaces (if project involves expansion) Estimated Total Average Daily Traffic (ADT) generated 2.300 Estimate maximum peak hour traffic generated (if known) and its timing (6:00 to 7:00 p.m. - 370) , (8:00 to 9:00 p.m. - 550) , For each affected road indicate the ADT and the directional distribution of traffic with and without the project. Provide an estimate of the impact on traffic congestion on the affected roads and describe any traffic improvements which will be necessary. . A fleeted Roadwavs Add 204 vehicles in 8:00 to 9:00 p.m. peak hour to Market Drive north of the site. Add 165 vehicles in 8:00 to 9:00 p.m. peak hour to Market Drive south of the site. Add 125 vehicles in 8:00 to 9:00 p.m. peak hour to Market Drive to Curve Crest Boulevard east of Market Drive. Roadwavs ADT Add 851 vehicles (ADT) to Market Drive south of Orleans Street 50/50 Directional Distribution Current Volume 200 ADT (estimate) Add 530 vehicles (ADT) to Curve Crest Boulevard west of Market Drive 60 WB/40 EB Directional Distribution Current Volume 4,500 ADT (estimate) No impacts on ad;acent roadwavs is noted. No improvements to existing roadwavs is necessary. [Note: Seasonal Sports Complex parking projections, by activity, are reflected in a table located in Appendix A of this EA \V] . 23. Vehicle-related air emissions Provide an estimate of the effect on the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impact. (If the project inl'olves 500 or more parking spaces. consult "EA W Guidelines" about whetller a detailed air quality analysis is needed). Vehicle related air emissions were analyzed for the area as part of the Stillwater Market Place Development EA W reviewed in July 1993. Scenarios related to the d.evelopment of the subject proposed sports complex development were incorporated within the analysis. The following statement and finding was made: Air quality impacts of the proposed development are evaluated by estimating carbon monoxide (CO) impacts at sensitive receptor locations along the access roads to and from the project site. The CO concentrations are predicted using models of traffic flow and vehicular emission rates. Vehicular emissions rates are estimated using the MOBILE 5 Mobile Source Emissions Model to adjust baseline emission rates to the post-development project year. The CAL3QHC model is used to disperse the roadway vehicle emissions to sensitive receptor locations. The predicted concentration at each ofthese receptor location is then compared with Minnesota ambient air quality standards which are set at levels to protect the most sensitive portions of the population. The State standards are 30 ppm and 9 ppm for one hour and eight hour averaging times, respectively. . The air quality impact prediction methodology required a number of assumptions to be made regarding traffic flow, meteorology and vehicle characteristics. Using worst case or conservative assumptions for these facts, preliminary modeling indicates that the 7 maximum predicted impacts very near the intersection that is anticipated to have the greatest potential for significantly impacting sensitive receptor locations (CSAH 5 and Curve Crest Boulevard) are within the State standards. The modeling indicates that the maximum one hour impact will be approximately 30 percent of the standard and the maximum eight hour impact will be approximately 80 percent of the State standard. . 24. Stationary source air emissions Will the project involve any stationary sources of air emissions (such as boilers or exhaust stacks)? 0 Yes . No If yes, describe the sources, quantities, and composition of the emissions; the proposed air pollution control devices: the quantities and composition of the emissions after treatment; and the effects on air quality, 25. Will the project generate dust, odors, or noise during construction and/or operation? . Yes 0 No If yes, describe the sources, characteristics, duration, and quantities or intcnsity, and any proposed measures to mitigate ad\'erse impacts. Also identify the locations of sensitive receptors in the vicinity and estimate the impacts on these receptors. Dust Airborne particulate emissions in the form offugitive dust will temporarily increa~e during construction of the proposed Sports Complex facilities. Measures to mitigate dust emissions from construction activities will be employed in accordance with MnDOT specifications and MPCA regulations, and may include the application of dust suppressors to areas being actively traveled, street sweeping, and avoiding construction activities during periods of high winds. Minimal quantities of dust will be generated from the facilities after disturbed areas are paved and vegetation is reestablished. Odor Exhaust from construction equipment and from other vehicles using the facilities upon completion of construction will contain odorous compounds. These vehicle exhaust odors are not expected to adversely impact the air quality at the site or adjacent properties. . Noise During Construction: Construction equipment will temporarily increase noise levels in the area. :Most of the construction activities will generate noise (grading, heavy truck hauling) will be of fairly short duration. The impact of construction noise will be minimized by restrictions on the hours of operation and by ensuring that the equipment is properly maintained and muffled. Project Related: No sensitive noise receptors are located in the immediate project area. The closest receptor is the existing farmhouse located 200 feet west of County Road 5. Project related noise involve primarily the movement of vehicles in and out ofthe sports complex facilities. In relation to noise analysis undertaken with the neighboring Stillwater Market Place Development, it is concluded that noise levels related to the project will not violate local and state noise limits. 26. Arc any of the following resources on or in proximity to the site: a. archeological, historical, or architectural resources? 0 Yes . No Confirmation currently being undertaken with the Minnesota State Historic Preservation Office (SHPO) b. prime or unique farmlands? 0 Yes . No . c, designated parks, recreation areas, or trails? 0 Yes .No 8 d. scenic views and vistas? 0 Yes . No other unique resources? . Yes No [fany items are answered Yes, describe the resource and identify any impacts on the resource due to the project. Describe any measures to be taken to minimize or avoid adverse impacts, e. . A small linear stand of mature trees (i.e. 0.3 acre) currently exist in the south central portion of the site. Efforts wiII be made to preserve these trees in conjuncti?n with a City approved landscaping plan as part of PUD review. 27. Will the project create adverse visual impacts? (Emmples in elude: glare from intense lights: lights risible ill wildemess areas: and large visible plulI/esfroll/ cooling towers or exhaust stacks.) 0 Yes . No A review and analysis of visual impacts is subjective. The aesthetic or visual impacts of a proposed project relates to the people who use and view the facility and operations. It is difficult, however, to actually quantify such impacts. What is pleasing to one person may be viewed as not pleasing to another. Typical visual concerns for development of this nature relate to building design, site landscaping, parking lot lighting and signage. As part of the City development review process and City Code requirements, necessary performance standards relating to building design, landscaping, parking lot layout and lighting (i.e. reduction in glare at lot lines), and proposed operations wiII all have to be reviewed. This wiII be undertaken as part ofthe PUD approval process. 28. Compatibility with plans Is the project subject to an adopted local comprehensive plan or any other applicable land use, water. or resource management plan ofa local, regional, state, or federal agency? . Yes 0:'\0 If yes, identify the applicable plan(s), discuss the compatibility of the project with the provisions of the plan(s), and explain how any conflicts between the project and the plan(s) will be resolved. Ifno, explain. . The Community/Sports Center Project is consistent with the City's Comprehensive Plan. The land use map and parks element policy call for a community center in the West Business Park area. A portion of the sports complex site ,,,as obtained through park dedication from the adjacent Stillwater Market Place Project. 29. Impact on Infrastructure and Public Services Will new or expanded utilities, roads, other infrastructure, or public services be required to serve the project? 0 Yes . No [fyes, describe the new or additional infrastructure/services needed. (Any infrastructure that is a "connected actioi," with respect to the project mllst be assessed in the EA W: see "EA W GlIidelines"for details). Existing public utilities are available to the project site and, in some cases, have already been "stubbed" in. These include as follows: West Orleans Street 16" D.I.P. Water Main 15" Storm Sewer 8" Sanitary Sewer Market Drive 12" D.I.P Water Main 8" Sanitary Sewer . Curve Crest Boulevard 16" D.I.P. 'Vater Main 12" Storm Sewer 8" Sanitary Sewer 9 30. Related Developments; Cumulative Impacts a. Are future stages of this development planned or likely? 0 Yes . No If yes, briefly describe future stages, their timing, and plans for environmental review. b. [s this project a subsequent stage of an earlier project? 0 Yes . No [fyes, briefly describe the past development, its timing, and any past environmental review, e. Is other development anticipated on adjacent lands or outlots? 0 Yes . No If yes, briefly describe the development and its relationship to the present project. d. If a, b, or c were marked Yes, discuss any cumulative environmental impacts resulting from this project and the other development. 31. Other Potential Environmental Impacts If the project may cause any adverse environmental impacts which were not addressed by Items I to 28, identify and discuss them here, along with any proposed mitigation. NONE 32. SUMMARY OF ISSUES (This section need not be completed if the EA TV is being dOl.le for EIS scoping. instead. address relevant issues in the draft Scoping Decision doclllllem which must accompany the EA W,) List any impacts and issues identified above that may require further investigation before the project is commenced. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. NONE CERTIFICATIONS BY THE RGU (all 3 certifications must be signedfor EQB acceptance of the EA W for publication of notice in the EQB Monitor). A. I hereby certify that the information contained in this document is accurate and complete to the best of my knowledge. Signature B, I hereby certify that the project described in this EA W is the complete project and there are no other projects, project stages, or project components, other than those described in this document, which are related to the project as "connected actions" or "phased actions", as defined, respectively, at MN Rules. pts. 4410,0200, subp. 9b and subp. 60. Signature C. I hereby certify that copies of the completed EA Ware being sent to all points on the official EQB EA \V distribution list. 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U ~ I C./'; C . c "i r- --' , ~ c: . ~l 0 . - - . L- V> . . fr '-i ..., >- ,-. -< t.:..: c:.: j I i! I ... 1 . < . . > U I X -< ! 0 .. l "" l ~ >-" U c: . . "" c: r- ~ c: ~i ~ Z <l: ..J ffi [2' ~ ~ ~ (/) " <l: - L . f'l . .. August 6, 1997 Stephen Russell ' . Community. Development Director . 216 North Fourth Street . '. . Stillwater,' MN ~ 55082 - . RE: Environmental Assessinent Worksheet (EAW).for Saint Croix Valley Community/Sport Complex D~ar Mr. Russell: . This letter acknowledges that we have received the EAW for:the above-namedl;'roject. We' would also like to remind you that according to the Environmental ReviewProgram rules (at MiimesotaRules, part 4410.1500, item B), your agency is required to notify the public that the EA W is available by submitting a press release to at least one newspaper ofgener& circulation within the project's area and that you send ~opies ofthe EAW to all points on the EQB . . distribt.itionlist.W~presurne that these requirements have ~e~n met. Notice of the EA Wavailability will be, published in' the EQB .Monitor on August 11, 1997. The 30-day comment period will begin on that day and will expIre on September 10,. 1997. , Pursuant to Minnesota Rul~s,pa:rt 4410)lOO,'subpart 1, no final governmental decision to grant a permit, approve the project, or begin the project may be made until a negative . -'deClaration or EIS adequacy determination has been made. . . . -' . .. , Please. contact me if any questions arise about the EnvironmeritaI..Review process.. My phone' number is (612) 296-8253, or you may call toll-free by dialing 1-800:'957-3794. . Sincerely, . ~7~ Gregg Downing. ,.,.',' Environm,ental- Review Coordinator , ...... ...... ...... - I .-- ,...... ..... ..... ..... c:= IOZ: ..... ...... , ...... - ...... I .-- """" ...... ..... - ...... ..... - - .@ lNVIRDNM.lNlAlOUAUn 80A80,:858 ClOn Sl8Hl, SI. PAUl, MN 55155. 812 298-2803. fAX 812 298-36n&lAff.~ROVIDlO 81 'rnJftllllU ":){ .';;1';;, ,.~>~'i ~.... ,.,,.l~. '.~- ~:~-::;--",~', ~ <JJ,,:":"t:<,~~<: '~,.;I-~~I.r:r.<"'f"> ), '~. ;,,:~\',.:f ".: ,....,,:-.,. .",.: ~ -'"l.,~ "rrth '-'j:'1':1it";"~~~~1:~ II MINNESOTA HISTORICAL SOCIETY STATE HIsTORIC PREsERV A nON OFFICE . August 29, 1997 Mr. Stephen Russell City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Re: St. Croix Valley Community/Sports Complex Stillwater, Washington County SHPO Number: 97-3525 Dear Mr. Russell: Thank you for providing this office with a copy of the Environmental Assessment Worksheet for the above-referenced project. It has been reviewed pursuant to responsibilities given to the Minnesota Historical Society by the Minnesota Historic Sites Act and the Minnesota Field Archaeology Act and through the process outlined in Minnesota Rules 4410.1600. There are no properties listed on the National or State Registers of Historic Places, and no known or suspected archaeological properties in the area that will be affected by this project. Therefore, in our . opinion, the "no" response to question 26a is appropriate. Please note that this comment letter does not address the requirements of Section 106 of the National Historic Preservation Act of 1966 and 36CFR800, Procedures of the Advisory Council on Historic Preservation for the protection of historic properties. If this project is considered for federal assistance, or requires a federal pennit or license, it should be submitted to our office with reference to the assisting federal agency. Please contact Dennis Gimmestad at 612-296-5462 if you have any questions regarding our review of this project. ~: };~^M "~L. Bloomberg . I v )----. Deputy State Historic Preservation Officer . :H:> KELLOGG BOlJLEV\RD WEST / SAI:\T PACt, '1I:\:\ESOTA ,')5102-1')06/ TELEPIIO.\E: ()12-296-6126 / / " ~,"'\"HEIS01:t ... ~ J ~)o ~ OFT~'" Minnesota Department of Transportation Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 . September 2, 1997 Steve Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater,MN 55082 Dear Steve Russell: SUBJECT: Saint Croix Valley Community/Sports Complex MnlDOT Environmental Review EA W97 -017 North of Trunk Highway (TH) 36, East of Market Drive Stillwater, Washington County C.S. 8214 The Metro Division of the Minnesota Department of Transportation (MnIDOT) has reviewed the Saint Croix Valley Community/Sports Complex Environmental Assessment Worksheet (EAW) for impacts to the state highway system. We find the EA W acceptable for impacts to the local roadway . system. However, we cannot determine impacts to the trunk highway system because the EA W identifies affected roadways and trips generated on the local roadway system only. It is increasingly important that the region's highways are effectively managed. Safety and congestion problems are many, and solutions are more difficult and costly to implement after development occurs. This letter represents the transportation concerns of the Metro Division ofMnlDOT. Other environmental concerns raised by a wider MnlDOT review may be forwarded to you under a separate letter. Please contact me at 582-1654 with any questions regarding this review. Sincerely, Scott Peters Senior Transportation PlannerlLocal Government Liaison c: Gerald Larson, MnlDOT Environmental Coordinator . An equal opportunity employer Minnesota Department of Natural Resources 500 Lafayette Road 51. Paul. Minnesota 55155-40_ 10 r. ~)/1 q/~ ~ September 9, 1997 Stephen Russell Community Development Director City of Stillwater 216 North Fourth Street Stillwater, MN 55082 RE: St. Croix Valley Community/Sports Complex Environmental Assessment Worksheet (EA W) Dear Mr. Russell: The Department of Natural Resources (D NR) has reviewed the EA W for the St. Croix Valley Community/Sports Complex project. We offer the following comments for your consideration. Our only comment involves surface water runoff quality issues identified in Item 18, The EA W correctly notes that Long Lake, and thus ultimately. Brown's Creek, is the receiving water for project-generated runoff. Given ongoing efforts to comprehensively address development-related water quality impacts to Brown's Creek, whose lowest reach is designated as a state-protected trout water, we are disappointed that the project does not employ more innovative techniques that could further reduce both runoff volume and nutrient discharge than that offered in the EA W. We encourage the City to consider alternative . approaches and we are willing to provide assistance in this respect. Please contact Molly Shodeen, Area Hydrologist, at (612) 772-7910 for additional information. Thank you for the opportunity to review this project. We do not recommend preparation of an environmental impact statement (EIS) for the project. We look forward to receiving your record of decision and responses to comments. Minnesota Rules part 4410 .1700, subparts 4 & 5, require you to send us your Record of Decision within five days of deciding this action, Please contact Bill Johnson of my staff at (612) 296-9229 if you have questions regarding this letter. Sincerely, . ~~~ )v((5?'~ Thomas W, Balcom, Supervisor Natural Resources Environmental Review Section Office of Planning c: Kathleen Wallace Pete Otterson Lynn M. Lewis, USFWS Con Christianson Molly Shodeen, Area Hydrologist Gregg Downing, EQB #980042-01lV ALLEY. WP6 DNR Information: 612-296-6157. 1-800-766-liooo . TTY: 612-296-5484,1-800-657-3929 . An Equal Opportunity Employer Who Values Diversity ft Printed on Recycled Paper Containing a '-.I Minimum of 10% Post-Consumer Waste ~ Metropolitan Council n Working for the Region, Planning for the Future September 9, 1997 . . . Mr, Steve Russell, Community Development Director City of Stillwater 216 North Fourth Street Stillwater MN 55082 RE: Saint Croix Valley Community Center and Sports Complex Environmental Assessment Worksheet (EA W) Metropolitan Council District 12 Referral File No. 16581-1 Dear Mr. RusseJl: The Council staff has concluded review of this environmental assessment worksheet (EA W) to determine whether it adequately and accurately addresses regional concerns. We find that the EA W is complete, accurate and raises no major issues of consistency with the Council's regional policies and an environmental impact statement (EIS) is not necessary for regional purposes. However, our staff recommends the following comments for your consideration. Item 18 - Water Quality - Surface Water Runoff The EA W indicates that the project will result in 10.2 acres of impervious area. Storm water runoff from the site will be conveyed to a dry detention pond. The detention pond will discharge to Long Lake, which discharges into Browns Creek and eventually into the Saint Croix River. The Council is particularly concerned with the proposed project's impacts on the water quality of Browns Creek. The creek is one of the few remaining trout streams in the metropolitan area and is widely regarded as threatened by nonpoint source pollution. The Metropolitan Council has adopted an Interim Strategy to Reduce Nonpoint Source Pollution to All Metropolitan Water Bodies. The interim strategy requires that local governments apply Nationwide Urban Runoff Program (NURP) design standards, or an equivalent, for all new stormwater ponds. The proposed dry detention pond would not meet this requirement. The pond described in the EA W must be constructed to NURP standards to be in compliance with the Council's Interim Strategy. If you have any questions or need further information, please contact Victoria Boers, principal reviewer, at 602-1621, or Joe Mulcahy, Environmental Services, at 602-1104. Sincerely, ~n~o~/t:::l;/ Environmental Services Division c: Charles Arneson, Metropolitan Council District 12 Keith Buttleman, Director, Environmental Planning and Evaluation Department Guy Peterson, Metropolitan Council Sector Representative 230 East Fifth Street St. Paul. Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TIY 291-0904 An Equal OpportlUlity Employer Metro Info Line 229-3780 r illwater "~ -- - ~ TH:-;-IRTHPLACE OF MINNESOTA i') . October 24, 1997 Mr. Thomas Balcom, Supervisor Natural Resources Environmental Review Section Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, MN 55155-4010 Dear Mr. Balcom: The City of Stillwater is in receipt of your comments on the EA W for the St. Croix Valley Community Sports Complex. Your comments included a concern for impacts to Long Lake and Browns Creek. The proposed site includes a storm water detention pond. In reviewing your comments and comments made by the Metropolitan Council, City staff is working with the engineer for this project in order to modify the configuration of this detention pond to include water quality treatment standards. At this time the modifications we are considering include a . skimmer device to hold back floating debris, a rate control structure to dramatically reduce the rate of discharge from the pond and design modifications to create permanent wet pond with water treatment capability. It should be stressed that the Stillwater Market Place Development and the Stillwater AUAR both include extensive water treatment capabilities. The AUAR proposes to virtually eliminate discharge into Browns Creek from this entire Long Lake watershed. Prior to reaching Long Lake the water from this site would go through the onsite pond, through a pond at the corner of Market Drive and Curve Crest Boulevard, through the Market Place pond and through the County Road 5 pond. The AUAR anticipates that the County Road 5 pond will be greatly enhanced. Therefore, the water from this development area will have four areas for ponding with opportunities for treatment and settling prior to entering Long Lake. Upon entering Long Lake water will have an estimated average residence time of one year. The discharge from Long Lake currently goes to Brown Creek through a channel and wetlands system approximately one mile in length, which provides additional treatment. When the water finally enters Browns Creek it has been through a very extensive lake and wetland complex providing significant natural cleansing. Again, it should be stressed that the impacts to Browns Creek will be a mute issue upon completion of the proposed diversion to Lake McKusick and through downtown Stillwater. . CITY HAll: 216 NORTH FOURTH STillWATER, MINNESOTA 55082 PHONE: 612-439-6121 . . . Mr. Thomas Balcom Minnesota Department of Natural Resources October 24, 1997 Page Two We appreciate the comments and suggestions from the DNR and the Metropolitan Council. Based on these comments, the above mentioned modifications to the onsite holding pond will be required. If you have any further questions, or comments regarding this issue, please feel free to contact Steve Russell or myself. SinJ)~re~, rll1 ~~ K ayton H. Eckles, r .c. City Engineer KHE:dfw . AGENDA FOR PRESENTATION OF SPORTS COMPLEX INFORMATION \ 1. INTRODUCTION. STEVE RUSSELL 1. HISTORY OF DEVELOPMENT OF SPORTS COMPLEX A. MIGHTY DUCKS GRANT MONIES B. FORMATION OF SPORTS COMMISSION C. DEVELOPMENT OF MASTER PLAN 1. ICE ARENA (TWO SHEETS OF ICE) 2. FIELDHOUSE (SOCCER & GOLF) 3. NATIONAL GUARD TRAINING FACILITY D. DECISION TO GO WITH PHASED DEVELOPMENT 1. PHASE I A. ICE ARENA AND FIELDHOUSE II. PHASE I COMPLEX. ANKENYIKELL & STEFANI LARSON ASSOCIATES 1. DESCRIPTION OF ICE ARENA AND FIELDHOUSE 2. ESTIMATED TIME TABLE TO COMPLETE . III. CONSTRUCTION COSTS. NILE KRIESEL 1. SUMMARY OF CONSTRUCTION COSTS IV. PROFORMA. RON LANGNESS 1. REVENUE AND EXPENDITURES. 2. SOURCES OF REVENUES 3. DEBT SERVICE SCHEDULE 4. CASH FLOW PROJECTIONS V. WRAP UP. STEVE RUSSELL 1. COVER ANY LOOSE ENDS . I Sports Complex Bid Results And Estimated Construction Costs . Item Estimated Costs Base Bid $5,220,435 Alternate #6: Add wind sensor to fieldhouse. 6,500 Alternate #7B: Substitute 2815 Comfort Turf filled (3,356) synthetic turf for Wodd Cup Synthetic Turf. Alternate #8: Substitute tempered glass in lieu of 6,879 Acrylic Specter Shielding. Construction Manager (GWO) A) General conditions cost allowance 199,630 B) Fee (GWO) 162,902 City of Stillwater Construction Costs: SAC/WAC 10,000 Building Permit/State 15,500 Janitorial Clean 2,500 Fuel 20,000 Builder's Risk 7,000 Testing 10,000 FF&E 275,000 Total City Construction Costs 340,000 Contingency (2%) 118,660 Subtotal Project Costs 6,051,650 Capitalizal Interest 217,290 Bonding Costs 50,000 City Legal 5,000 Other 1,487 TOTAL ESTIMATED PROJECT COSTS $ 6,325,427 . A:\NILE\Sports Complex Bid Results.doc . 10/23/37 17:33 FAX 612 223 3002 SPRINGSTED INC. ~O06/01l \ City of Stilw8ter. Minnesota St. Croix Sports Complex C.sh Flow Projec1ions . 20 Year Tenn Constant R8te of Growth: 1.25% 1997/1998 199811888 1888/2000 2000/2001 200112002 2002/2003 Oper.ting Revenues Sports Complex Ice Renhll 462,480 468,241 474,094 480,020 486,020 Sport~ Complex FieldhoU$tll 319,680 323,676 327,722 331,818 335,966 Golf Revenue 67,600 68,445 69,301 70,167 71,044 Net ConcessionsNending/Other SO,900 51,536 -52,180 52,833 53,493 Advertising 3ti,OOO 35,000 35,000 35,000 35,000 Subtotal Sports Complex 935,640 948,898 958,297 M9,838 981,523 Lily Lake (InclUded Above) Toq/ OperetJn, ReVWlU. 935. 640 948,898 958,297 989, 839 981,523 Operllting Expen$N (Before Depreciation) Ice Arena (including Lilly Lake) 453,303 458.gs9 464,706 470,515 476,397 Fieldhouse 211,960 214,610 217,292 220,008 222,758 ToW O~ting Expensa 685,263 673.579 681.999 69q ~24 899,155 Operating In~ (Lo..) 270,371 273,319 276,298 279.314 282,388 Non-Operatlng R8Vf1flU8S Fundraising 1,386,527 200,387 187,135 187,940 153,291 154,194 Mighty Ducks Gr.nt 250,000 Bond Issuance Project Funds 4,525,255 108,645 . To"" Non-Open,tlng R"venllell 6,161,782 309,012 187,135 187,940 153,291 154,194 Net Income 6,1S1,782 579,389 480,454 464,238 432,S05 436,562 CIP Funding of Projects Project Cost 6,051,850 Sporta Complex Bonds DIS 108,645 547,290 429,585 430,585 400,950 401,920 Capital Outlay ~ Depreciation 50,000 50,000 50,000 50,000 50,000 rotlll CIP PrDjectJI 6,180,295 187,2tO '78,585 480,585 450,950 451,i20 Annual Surplw (Deficit) 1,.t87 (17,101) (19,1311 (1&,347) 118.345) (15,368) Note: AnnUilI period is from June 2 - June 1, with principII paid on June 1. pq~1AlCl by: 6rxtngBtlld Inecrpot8llld ('003197) 5TILLW'm.xt..S . 10/23/37 17:34 FAX 612 223 3002 SPRINGSTED INC. _.___ ~OO9_~.Ol1 I Ice Arena Revenue. and Expenses Revenues . Season - Nov.1 - March 30 Per Sheet Weeks In Se85<ln: 22 Tctal Hourly Houn; Per: ~ Week Yeer l2 Sheets) Rates Revenue Sdlool District M-F 3:00 - 6:00 3 15 330 660 135 89,100 Association M-F 6:00 - 9:00 3 15 330 660 135 89,100 S&S 7:00 -1:00 6 12 264 528 135 71,200 League / Adult M-F 9:00 - 11 :00 2 4 88 176 100 17,600 S&S 1 :00 - 9:00 8 16 352 704 135 95,~ S&S 9:00 - 11 :00 2 4 88 178 100 17,600 Other Arena Rental 205 410 50 20,500 Officials (League -2 per game) 2.112 20 42,240 Miscellaneous Income 20.000 Gross Revenues 462,460 EXDenses Labor (Part Time - 2 per sheet) Billable Time 6.628 15 99,420 Non 6illable (open & close) 1,848 15 27.720 Manager 66.500 Total Labor 193,640 Officials (League - 2 per game) 2,112 20 42,240 Utilities (Gas & Electric) 4,000 27 1 09,300 Maintenance & Repair 34,400 All O1tter 73.723 . Total ~el16es 453,303 Net Revenues 1,157 Concession. Includina Vending Revenue. Season Oct 15 - April1S Weeks in Season: 26 Hours Per Day: Day wm Year ~ Revenue Fieldhouse M-F 10:00 - 2:00 4 20 520 10 5,200 M-F 3:00 -11 :00 8 40 1,040 12 12,480 S&S 8:00 - 11 :00 15 75 1,950 12 23,400 Arenas (2) M-F 3:00 -11 :00 8 40 880 1,760 12 21,120 S&S 8:00 - 11:00 15 75 1,650 3,300 12 39.600 Total Revenues 101,800 Expenses Assume CO$tsJexpenseli @ 50% of Gro" 50,900 Net Income from Concessions SO,900 Prep.....d by: Sprlnll'l~ InOOlpOr1lllld (10123/97) . _.._......... ...., __....~_n..._ .______._.. ___...,._ .. 10/23/37 17:35 FAX 612 223 3002 SPRINGSTED INC. ~OlO/Ol1 "_u___o. .~ ~ Fieldhouse Revenues and Expenses . Soccer Revenues Season. Nov.1 . April 15 Per Field Weeks 24 Total Hourly Hours: ~ Week Y!!S.! (2 fields) Rates Revenue Association M-r 3:00 - 7:00 4 20 480 960 80 76,800 AdultlLeague M-F 7:00 -11:00 4 20 480 960 80 76,800 S&S 8:00 w7:00 11 22 528 1,056 90 95,040 S&S 7:00-11 :00 4 8 192 384 80 30,720 Omoials (League -1 per game) 2,016 20 40.320 Gro5$ Revenues 3,360 83 319.680 (Hours) (Avg.) EXDenses l~bor (Part Time) Billable Time 1,680 15 25,200 Non Billable (open & close) 336 15 5,040 Assistant Manager 35.000 Total Labor 65,240 Officials (League -1 per game) 2,016 20 40,320 utilities (Gas & Electric) 2,016 25 50,400 Repair/ReplacementJMaintenance/Other 25,000 Total Expenses 180,960 . Net Revenue5 138,720 Golf - Revenues Season Oct 15 - April 15 Weeks 26 Hours: Qn Week :t.!m Rates Revenue M-F 10:00 - 2:00 " 20 520 130 67,600 (Rate based on 20 tees @ 50% '$6.50 per 1/2 hour) EXDen@s Labor (part Time) BillibJ. Time 520 15 7,800 Non Bill8ble Time 130 15 1.950 Total Labor 9,750 Uti&ties (Gas & Electric) 650 2S 16,250 Repair/Replacement/other expenses 5,000 Total Expenses 31.000 Net Revenue. 36,800 . ?repared by: SprlnClst8d InCC/'ponded (10/23197) 10/24/37 08:50 FAX 612 223 3002 City of Stillwater, Minnesota St. Croix Sports Complex Estimated Sources and Uses 20 Year Term Sourc.. Bond Proceeds Underwriter's Discount Mighty Ducks Grant Fundraising ISO #834 Local Governments Hockey Association Soccer Association City of Stillwater (rtF) Private Pledges (1997/98) Private Pledges (1998199) Investment Earnings Total Sources USN Construction Costs Base Bids Wind Sensor Tun Deduct Tempered Glass . D~.r Boards Construction Manager Costs COnstruction Manager fees @ 3% Subtotal Construction Costs Conditional Donations City Construction Costs FumlturelFixtures & Equipment Contingency @ 2% Total Project Costs Capitalized Interest Costs of Issuance/Legal Rounding Factor Total Uses SPRINGSTED INC. filJ 0021003 . $4,610,000 (45,100) 250,000 33,542 (1) 123,930 (2) 25,000 11.925 75,000 1 ,059.292 57,838 125,000 $6,325,427 5,220,435 6,500 (3,356) 6,879 199,630 162,902 5,592,990 65,000 275.000 118,660 6,051,650 217,290 55,000 1.487 $6.325,427 . (1) Includes $16,771 pledged for 1997 and $16.771 pledged for 1998. (2) InclUdes $102,465 pledged for 1997 and $21,465 pledged fer 1998. Assumptions: Dated Date First Interest Date First Principal Payment Term Capitalized Interest 1211/97 6/1/96 6/1/1999 20 year amortization June 1 and December 1, 1998 Prep.,ed by. Sprlnll&tad Incorpot'lll8d (1012~7) STllI.WTR)(LS . 10/23/37 17:33 FAX 612 223 3002 SPRINGSTED INC. ~_~07/01l . Sl Croix SperU Cornpll!X 0.0. lee Aren. Bond.. Serr.. 1887 Projeded Debt Senllce 20 Year Term 0lItec1 Olte 1211197 1st I nterest Pate 6/1/98 Sllml-Annllill Fileel Year Capll81~ Net o.tll Prlnc:1p8J Rate Int__ Ceol Servlce Debl Servk;e Pllldge. Intereal Debt Servlc;e 8f11S8 108.846.00 108,845,00 108,645.00 108.545 0 12/1198 108,645.00 108,e45.oo 108,645 611/99 330,000 3,85% 108,846.00 438,645.00 547,290.00 200,367 238,278 12/1199 102,292.50 102,292.~ 2 611/00 225,000 4,00'160 102,2$2.50 327,292,50 429,565.00 187.135 242,450 12/1/00 97,782.50 97,182.00 3 611101 2;35,000 '.10% 97,792.50 332,7S2,~ 430,5$5.00 , 187.940 242,545 I 12/1101 12.$70.00 92,975.00 I 4 6/1 J02 215,000 4.20% 92,975.00 307,975,00 400,950.00 I 153,291 247,tl5S 1211102 88,480,00 88.480.00 I 5 611 JOO 225,000 4.30'160 88,480.00 313,0&80.00 401.820.00 I 154,184 247,726 12/1103 83,822.50 83.822.00 I 8 eI1 J04 240,000 4.40% 83,822.50 323,622.50 407,245.00 I 155,152 252,093 12/1104 78.342.50 78,342.50 I 7 8/1105 2~,OCO '.50'160 78,342.50 328,342.50 406,685.00 I 1~,167 :l5O,!518 12/1105 72,'117.50 72,717.50 I 8 6/1/OEl :250,000 4.60% 72,717.50 332.717.50 405,435.00 I 157,243 248,182 1211/1)6 e6,737.50 86,737.50 I $I 8/1107 235,000 4.85" 68,737.50 301,737.~ 368,475.00 I 120,147 248,328 12/1107 81,273.75 61.273.75 I 10 6/1108 225,000 4.700,(, 81.273.7e 288,273.75 347.547.50 I 100,000 247,548 12/1108 55,988.25 55.iEle.25 I 11 6/1109 240,000 4.eO% 55,988.25 ,S5,986.25 351,9n.SO I 100,000 251,973 . 1211109 50,226.25 50,226.25 I 12 611/10 250,000 4.SO% !50,22e.25 300,226.25 350,452.00 I 100,000 250,453 12/1110 44,101.25 44,101.25 I 13 611/11 2eO,COO 5.00% 44,101.25 !O4,101.25 348,202.50 I 100,000 248.203 1211/11 37,ecl1.2!5 J7,!101.25 I 1.. 8(1112 175,000 5.10'l6 37,flO'1-25 212.!lO1.25 250,202.50 I ,50,203 1211/12 33.138,]5 33,138,75 I 15 611113 1 eo,coo 5.20% 33,138.75 213,138.75 24e,277.50 I 246,278 1211/13 3,.es.75 28.458.75 I 18 6/1114 190,000 5.25% 28,e.75 218,458.75 248,917,00 I 246,918 1211114 23,471,25 23,471.25 I 17 611/15 200,000 5.30% 23.471.25 223.471.25 246,942.50 I 246,943 1211/15 18,171.25 18.171.25 I 18 611/16 215,000 5.;35% 18,171.25 233.171.25 251,342,00 I 251,343 12/1/18 12,420.00 1:2.420.00 I 1S 611/17 225.000 5,40% 12,420,00 237,420.00 2411,840.00 I 2049.840 1211/17 8.345.00 e,:M5,00 I 20 E111/18 235,000 5.4044 8.34S.co 241,346.00 247,690.00 I 247,690 I Total 4.e10,OOO 2,434.202.50 7,044,202.50 7.044,'02.50 I 1,871,IiJ3e.OO 217,290.00 4,955,277 I I Bond Yean 48,8eC).OOO DIICOUI'lI $46.100.00 $10 I AVenlge Maturity 10.60 Y,.. Net Interest $2.480.302.50 I Capitalized Inlernl $217,290 AverIge Rata 4.981~ I Hie Rala 5.078'16 I . Prep8I'8d by: Spring'led IncllfJlOrallld (10123197) STlLLWTftxL.S ~ 10/23/37 17::J4 FAX 612 223 3002 " &: S :l ala ;~I jl~ ~8.1t 1;1 ,!!!lX -:1= iJ:E~ ~rl uJI'J' ~&t .... C/J SPRINGSTED INC, ~ ~ ~ #. ~ ~ #. ~ .,. .., .,. ~ .,. ~ S ~ C'l S , 8 "": ..- g) lli ~ 0 ... ... .., cz) ,..: oi . ~ 8 ... ! ~ ~ ~ ~ i 0 ~ ~ ~ ~ ~ ~ - ... ,... .- ~- ~ ~ ~ ~ ,..: ~. ~ ~- g ~ ~ ro ~ ... M ... ~ ~ ~ ... ~ ~ :e 8- ... 0 ~ ~ ~ Fa :Ii ~ 8 ... ~ ~ ~ ~ :Q Ie g I ~ ~ ~ lQ' :e- g ... ~ ~ ,... ~ ~ .... ~ ... ~ ~" Ifi ~ ... ~ ..... ~. ~ .... ~ ~ J:: 8 (f) i'i ~ ai ~ iii - ... ... ~ ~ ~. ~ ;;; ~ (p In ... rIi N tIi to: ~- m ... .... .... ~ ~ ~ ~ C) ~ ~ a; ... (f) N ~ rIi ~ lR .... ... ... ~ ~ ~ ~ ~ ~ a; ... (f) N Iti I() /!!. i .... ~ .... .... ~ - ~ ~ ~ ~. ~ f:: rIi N ~ iii l!! t;f ... ... ... ... ~ ~ ~ i: ~ ~ ~ ~ ii ~ ~ 10' rIi N lQ- ..; ~ li .... ~ ..- ~ ~ ~ ~ f:. ~- ~ ~ ~ ~ ... g iii ~ N llf (<j ~ ~ ... .... ~ ~ ~ ~ ~ ~ .- ~ ~ .... ~ ~ f:: C1i ... ~ Iii N' ri rIi rsJ' N ~. N ~ ~ ~ .- I ~ ~ ,... a 8 ~ ~ ~ ~ ~ ~ ~ ,.. .., .... ~ Iti ro-,' ..; ..; rsJ' N ~ ~. ~ :e- ~ ... .... ~ ~ ~ ~ ~ ~ ~ ~ ~ ... i" ~ ~- N tI$ qj ff ~ C") .... ~ .- ... ~ ~ ~ ~ LL ~- ~ i 15 E. ... Ill' ) j I ~ 't! .g J I III UJ , I 'a c l5 I .~ :J 0 UJ JII c ~ po. ~ il ~ g i c <( ;;> j; >- ... ~ l " -c 1J j 0 c: :~ ~ ~ 'm 0 ~ ~ 0 :l "0 ~ ;2 u CD s !:2 0- J: (,) - ~ ~ ~ E IS Ie ~ € ~ ... ~ ...... @ c j ~ ~ j ~ 008/011 ~ ~ ~ ~. ~ ~ ~ I - - ~ 01 C .~ :I " J 1l l III CI tl .~ j . i lr t ~i ~ )~ " 'g i " ~ ;4 c:l~~ . . J~ilfl i5~ l. J ~i:~' CD m. 1II .~ :f F ,g l Q. !Hj~j 'J~J!u.1l foJ;i1 a.l 3I # ~ .; i CI 8 ~ ) lL- -Q.}i ~i:~ti h~ Isl ~ 8 (,) 'tl 81 ~i J: lja'; I !le~1 ~ ~~~!u.~ :!;;. ~ .~uu & ~ ....... '-"...,-- I 8 .. I z 'r clt f i f Q. . . Sports Complex Bid Results Worksheet /' zk Item: Arena Dome -1/ l 1. Package #1: Excavating and Site Utilities $ 428,931 vd-" . , ' , -,}p .-!--~ ,.. '.>iJ~- " 2. Package #2: Bituminous Paving $ 137,500 '-r-~ 3. Package #3: Landscaping $ 47,910 ~ ~ 4. Package #4: General Construction $ 2,093,500 K~ 5. Package #5: Precast Concrete $ 383,133 5p~~ 6. Package #6: Ice Rink Cons~ction J $ J149'<?, qg t~ . ( .$ /10 qg 5 -r .3 B C3000 7. Package #7: Field house Playing Surface $ 465,323L B ~ TBD 8. Package #8: Prefabricated Structure $ 548,995 'I~ .. 9. Package #9: Mechanical Construction $ 296,000 ~ 10. Package #10: Electrical Construction $ 1/:</~oO -\~~~ Total 5 ~3o'l,:J..71 ..-- . . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET' SUITE #202 . P,O, Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464' TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, City Council and Staff V FROM: David T. Magnuson, Stillwater City Attorney ~ DATE: October 24, 1997 SUBJECT: Reconveyance of Armory Site I have been working with Bob Johnson, the Anoka County Attorney who acts as legal counsel for the Minnesota Armory Building Trust who currently has title to the land upon which Phase I of the community center complex is expected to be constructed. I have faxed all the relevant information to Bob along with diagrams of the first and second phases of the project and Bob will bring our request for a reconveyance of this land to the Armory Building Commission that meets on Monday, the 26th of October, 1997. In view of our close working relationship with Terry Palmer and other members of the Guard, Bob Johnson does not see any problem with a reconveyance and thinks that a reconveyance could be made to the City by Monday afternoon or Tuesday morning. In order to keep our long range plan alive, however, we will need to convey the site upon which the Armory might be built to the Trust. This, however, can be taken care of in the ordinary course of events. It appears then that if the contract is awarded by the City Council on Tuesday night, a reconveyance of the site will be made to the City prior to the contractors beginning work and this loose end will not cause any delays. DTM/ds . . . MEMORANDUM To: Mayor and City Council From: Steve Russell, Community Developmeut Director ~ Subject: PLANNING COMMISSION AND HISTORIC PRESERVATION REVIEW AND APPROVAL OF FOUR-LEVEL STALL PARKING STRUCTURE WITH 14,000 SQUARE FEET OF COMMERCIAL SPACE (CASE NO. SUPN/97-61) AND 76-UNIT CONDOMINIUM PROJECT (CASE NO. SUPN/97-60) LOCATED ON THE UBC SITE AND OLIVE STREET PARKING LOT IN THE DOWNTOWN Date: October 24, 1997 The Heritage Preservation Commission reviewed the two projects at their meeting of October 6, 1997. At that meeting they approved both projects with several conditions of approval regarding project design detail. The plans for the parking structure are simpler and more fully developed so less detail is needed before final approval could be granted. For the 76-unit condominium, more information in building materials, facade treatment on Second and Third Streets, balcony location and other design elements need to further developed. These design conditions will have to be met before final approval and building permits can be issued. The Planning Commission reviewed the projects at their meeting of October 13, 1997 and approved the setback and height variance for the condo project and setback variance for the parking structure. Both approvals require that the City, as owner of the land, enter into a development agreement with the developer before final approval. As a related matter, a draft development agreement will be presented for Council consideration regarding the sale of the sites to the developer and TIF assistance. Recommendation: Acceptance of the Heritage Preservation Commission and Planning Commission approved projects. Attachments: Staff reports for Case Nos. SUPN/97-60 and 61. PLANNING REVIEW CASE NO. SUPN/97-61 Planning Commission Date: October 13, 1997 . Project Location: West side of South Second between Chestnut and Olive (existing Olive Street parking lot and Shorty's Cleaner. Comprehensive Plan District: Central Business District Zoning District: CBD Applicants Name: Croix Builders Type of Application: Special use permit and variance Project Description: Special use permit for a 339 space parking structure with 14,000 square feet of retail space with a variance/exception to setback requirements. Discussion: The request is to construct a 4-1evel, 322 car parking structure above 14,000 square feet of commercial space and 17 parking spaces. The structure fronts on South Second Street between Chestnut and Olive (city parking lot and Shorty's). The structure has four levels (retail and four levels of parking) and is 48 feet tall. The design of the parking structure was reviewed by the Heritage Preservation Commission (design review) and recommended for approval with . conditions (see attached report). The application before the Planning Commission is a special use permit for a private parking structure and variance or exception to the setback requirements. The structure is within the height limits (4 stories and 50 feet) ofthe CBD. The lot coverage requirement of 80 percent is exceeded by the project. The parking structure use is consistent with the Downtown Plan and the CBD zoning use regulations. The retail use is additionally permitted use in the CBD. The parking requirement for 14,000 square feet of commercial space is one space per 200 feet of floor area for the retail use (7,000 square feet) or 35 spaces and three spaces plus one space for 500 square feet over 1,000 square feet for dry cleaners (7,000 square feet), 3 plus 12 or 15 spaces for a total of 50 spaces is required for the commercial space. Either a portion of the retail space should be eliminated or 33 spaces on the second level be set aside for the fIrst level retail users or employees. The parking structure essentially covers the entire site from Chestnut to Olive. On the west side of the building along Olive Street the parking structure is setback 24 feet from the office building. The zoning ordinance allows exceptions to the normal CBD setback requirements for infilllots. The ordinance states "for infilllots, the front, side and rear yard setback may be similar to the setback of adj acent buildings". Buildings surrounding the site on . . . . "\ South Second Street and Chestnut Street are set at the front or side property lines providing a basis for the exception. The project anticipates removal of the dry cleaners. The cleaners is old but not a contributing building to the Downtown Historic District. Easements from the National Guard may be necessary before construction can commence because of the closeness to the property lines. A resubdivision of the property will also be necessary combining the dry cleaners with the city parking site. The site is currently being tested for hazardous materials. Before building permits can be issued, approval from the PCA and the city engineer is required. As a trade off for sale of the city parking lot, 78 spaces of parking will be made available for public permit parking at the same rate as the city permit parking program during the work week. On weekends the parking would become private parking. Based on a review of the proposed retail and parking lot uses, the proposed use is consistent with the Downtown Plan and element of the Comprehensive Plan and CBD zoning use requirements. Based on the location ofthe site in the CBD and adjacent buildings, an exception to the setback requirements can be granted (this eliminates the need for the variance). Recommendation: Approval Conditions of Approval: 1. The city council shall enter into a development agreement for sale of the parking lot site. 2. 78 parking spaces shall be made available to the public at the same rate as other pubic permit spaces in the downtown on weekdays. 3. A demolition permit shall be obtained for Shorty's Cleaner. 4. A resubdivision shall be approved before building permits are issued. 5. The drainage plan and on-site storage of runoff shall be maximized based on project design and cost as approved by the city engineer. 6. The final design plans for the parking structure shall be reviewed by the city engineer for function and safety before building permits are issued. 7. The conditions of design permit (DP/97-26) shall be met or assured before a building permit is issued. 8. The site shall be approved for development by the MPCA for construction before building permits are issued. 9. Seventeen (17) free spaces on the first level shall be available for customer parking only. 10. No mechanical equipment shall be placed on the roof. Attachments: Application and plans, staff report and conditions of approval for DP/97-26. CPC Action on 10-13-97: +8-0 approval Case No: :5[);J/i/ /17 -Ipl bate Filed: 9 ,;)!(;?/91 Fee Paid: ~~4"X1 ( Receipt No.: 5'7tot)~ PLANNING ADMINISTRATION FORM ACTION REQUESTED: FEE . COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET STILLWATER, MN 55082 _ Certificate of Compliance $70 l Condition:J1 or Special Use Permit ~200 _ Design Review $25 _ Planned Unit Development* . $500 -t- Variance ~/200 _ Comprehensive Plan Amendment* $500 _ Zoning Amendment* $300 . Subdivision* $100+$501l0t Resubdivision $100 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. PROPERTY IDENTIFICATION 28-30-20-41-0081 0082 0084 Address of Project So. Second & East Olive Assessor's Parcel No. Zoning District am Description of Project 339 Stall Parking Ramp . "/ hereby state the foregoing statements and al/ data, information and evidence submitted herewith in all respects, to the best. of my know/edge and belief, true and correct. I,further certify / will comply. with the permit if it is granted and used. " . Property Owner Mailing Address Telephone No. Signature 430-8800. Representative Croix Builders, Inc. Mailing Address 302 So. Second Street ,- Stillwater Telephone No. 351-2778 / Fax 351-2780 SignalUr~~ 2- JtZ~ SITE AND PROJECT DESCRIPTION City of Stillwater 216 No. Fourth Street Feet Total building floor Area sq. ft. Existing sq. ft. Proposed sq. ft. Paved Impervious Area ~. sq. ft. Number of off street parking spaces provided Lot Size (dimensions) x Land Area .Height of Buildings: Stories Principal Accessory .. /-( (+T/!'/") IJ 1':- ~ '-."i_">~- # 5ljj1t/17-t; iCrN R.:.I\\' P.lolI\\' n:s: ',~:~ UI' ~ 0'... ""~ .. : ~;~o;.\~~ii ; _._~ r.:~~ 1':',1' r:s' "} 1:\:\ T:-\: .. .' !C:..... ?::'.\' !;l1f'lW Vicinity Map \ ~.. -: . --.'..;.,::-, -"fl' , o 251 Scale in Feet '-~'~'l_: ..-.............~~.:-~.,,: ," 4'~ '.;' .~..: " "' .,.r"'~~',".... .-.. lot~'" ,'-'.~ ...-,..,.,...-r.o;>.... _.-', .- . ...:...,.;:.....::....ti...I..,...-......,..... :...:....... ~ . ...~..-.~;::..., .;.":., . ...:...,.:..."............1..... C,, ...... ........ .,~..~ . c...... - . ...." .'.. - -~r, ~.: 1- ",'i" employee, Sufficient area shall be set aside for dropping-off and picking up children in a safe manner that will not cause the children to cross the parking area or lines of traffic. (St. Clair Shores, Mich.) One space per employee, plus one space per facility vehicle, plus one space per 15 children (HiIlsborough Co., FIa.) Two spaces, plus one space for each staff member (Montgomery Co., Ohio) One space designed for the safe and convenient loading and unloading of persons for every 10 persons, based upon the center's regulated capacity, with a minimum of four spaces, plus one parking space per every employee at maximum staff level (Gainesville, Fla.) One space per four persons of licensed capacity (Omaha, Nebr.) One space per teacher / employee on the largest shift, plus one space per six students or off-street waiting spaces to accommodate at least six automobiles (Lake Co., Ill.) Dentist (See Office, Dental) Diet Clinic Four spaces for each doctor or practitioner, and one space for each two seats assigned for food service (Durham, N.C.) Dodor (See Office, Medical) Dormitory (See also BOtlrding House) One space for each five beds (Durham, N.C.) One space for each three persons in residence (Albuquerque, N.M.) One space per each two beds, provided that the college or university shall certify in writing that the student-to-automobile ratio for residents does not exceed one vehicle for e\'ery two beds, or, if the ratio is exceeded, the college or university shall provide one additional space for each additional vehicle and shall agree to regularly monitor such ratio.to ensure that it is not exceeded during any term, semester, quarter, or other registration. (Savannah, Ga.) A total number of spaces equal to 75 percent of the designed occupancy (Rio Grande Co., Colo.) One space per every 400 sq.ft. of gross floor area (Gainesville, FIa,) Drive-In Facility (See also Resturant, Fast-Food mId Bank, Drive-In) One space per each motor vehicle served, plus one space per each two employees during period of greatest employment (Clzarlotte-Mecklwburg Co" N.C.) One space for each employee on the largest shift, plus sufficient area for eight stacking spaces for the first drive-in window and six stacking spaces for each additional window (St. Clair Shores, Mich.) One space for each 40 sq.ft. of gross floor area, with a minimum of 25 parking spaces (Bay City, Mich.) r /1 ," 47 .~ f"t~'L1 ILl 7' l/ Ill,' t1-i.'v!~ Dry Cleaning . { One space per 300 sq.ft. (Omaha, Nebr.) One space for each 200 sq.ft. of gross floor area used by the general public (Durham, N.f;~) / Thr,ee spaces, plus one for each 500 sq.ft. of floor ~, ~ excess of 1,000 sq.ft. (Gainesville, Fla.) -1 h~;e spaces, plus t\\'o spaces per 1,000 sq.ft. of gross floor area (Long Beach, Calif.) Drug and Alcohol Treatment Center One space per two beds and one space per staff member (Orange Co.. CaW) One space on the same lot or within 150 feet for each 100 sq.ft. of gross tloor area (Riverside, Calif.) Elderly Housing 0.8 space per unit [minimum]; 1.5 spaces per unit [maximum] (Bellt:c.'IIt?, \Vaslr.) One space for every three li\'ing units (Gainespille, Fla.) One space per two bedrooms (Long Beach, Calif.) 0.6 space per rental dwelling unit; owner-occupied dwelling units, 1.1 spaces per dwelling unit (Plana, rex.) .75 space per unit (Lake Co., Ill,) One space for each efficiency or one-bedroom unit; 1.5 spaces for two-bedroom units; two spaces for each unit of three bedrooms or more; except that the plarming and zoning commission may vary these requirements when a market study or staff analysis demonstrates that more spaces or fewer spaces are required. Forty percent of the spaces may be compact car spaces. (Aurora, Colo.) Embassy (See Consulate) Emergency Medical Service One space per employee (Aurora, Colo.) Adequate space to accommodate all motor vehicles operated in connection with such use and one addi- tional space for each employee (St. Clair Shores, Mich.) Adequate space to accommodate all motor vehicles operated in connection with such use and two addi- tional parking spaces per each such vehicle (Fairfax Co., Va.) E!llployment Agency Five spaces per 1,000 sq,ft. (Lake Forest, Ill.) One space for each 10 persons based on the rated capacity (St. Charles Parish, La,) . . Exterminator One space per 800 sq,ft. (Omaha, Nebr.) Three spaces per 1,000 sq,ft. of gross floor area (Hillsborough Co., Fla.) Fire or Police Station One space for each two employees (St. Charles Parish, La.) . 13 . . . . . HPC APPLICATION REVIEW FORM CASE NO. DR/97-26 HPC Date: October 6, 1997 Project Location: South 2nd Street and East Olive street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: John Roettger Type of Application: Design Review Project Description: Design review of a 339 car parking ramp. Discussion: The applicant is proposing to construct a four level, 339 car parking structure with 14,000 square feet of retail on the street level. The height of the building from Second Street to the roof is approximately 48 feet. The roof will have a parapet wall of 42 - 48 inches. The elevator/stair tower enclosure will be primarily glass and extend above the roofline. Location of the tower will be at the corner of Olive and 2nd Streets. The structure will have a poured in place concrete frame and floor decks, and parking on the roof. The exterior facade will have a variety of design elements and fronts in order to blend it into the Downtown streetscape. Brick will be the predominant material with stone, glass and decorative CMU(concrete masonry unit). All the window openings in the levels above the street will be covered with wire mesh. Signage will consist of a small concrete plaque, similar to the Mossier building downtown with the name of the structure engraved on it. A sign above the entry of the garage saying "PARKING GARAGE". All other signage at the ramp will be directional. The retail business will need a sign package. Lighting will be according to the building codes for parking structures. A sample of the proposed awning will be brought to the meeting. Conditions of Approval: 1. Any changes to the plan will be reviewed and approved by the HPC. 2. A signage package will be presented to the HPC when the first retail business comes for review and approval of their sign. Recommendation: Approval as conditioned. . Findings: The proposal meets the intent of the Downtown Design Guidelines. Attachments: Application Form Site Plan Elevations HPC Action - Oct 6, 1997 - Additional Conditions of Approval: 3. Any changes to concept design be reviewed and approved by HPc. 4. HPe will continue to review and approve design development plans as they are generated. 5. Sign package will be incorporated into the design development phase. Concept Approval +5 - O. . . . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORlli MAIN STREET' SUITE #202 . P.O, Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464' TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney ~Yv\V DATE: October 24, 1997 SUBJECT: Proposed Development Agreement for Roettger Project I enclose the fIrst draft of the Development Agreement that has been prepared for the Roettger project. In view of Roettger's urgency with beginning work on the project, I decided to send this draft to the City Council for their consideration even though it has not been reviewed by Diane, Steve, or Nile. I've also sent the document to Bob Briggs for his review and, hopefully, by the time Tuesday night rolls around, we can have a more polished version, maybe even one suitable for Council consideration. The present draft does contain the information generated at a number of meetings the staff has had with Roettger and Bob Briggs and, most, if not all of the elements of the proposal are covered in this draft. If any of you have any problems or questions with regard to the draft, please contact me to talk. DTM/ds Enclosure . . . First Draft October 23, 1997 CONTRACT FOR PRIVATE REDEVELOPMENT Between THE CITY OF STILLWATER, MINNESOTA And JOHN E. ROETTGER This document was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 TABLE OF CONTENTS . ARTICLE I DEFINITIONS Section 1.1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Section 2.1. Section 2.2 Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. Section 3.7. Section 3.8. Section 3.9. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. ARTICLE II REPRESENTATIONS AND WARRANTIES; INTERPRETIVE RULE Representations by the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Representations and Warranties by the Redeveloper . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE III CONVEYANCE OF REDEVELOPMENT PROPERTY Conveyance of Redevelopment Property . . . ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Time of Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Title ............................................................ 5 Additional Conditions to City Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Limitation on City's Financial Obligations .............................. 6 City Action Promised Prior to Conveyance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The City's Promises and Covenants that will Survive the Closing ............7 Redevelopers' Covenants that will Survive the Closing ..............,..... 8 . ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS Construction of Minimum Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Construction Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . 8 Commencement and Completion of Construction. . . . . . . . . . . . . . . . . . . . . . . . . 8 Certificate of Completion ........................................... 9 Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 9 Tax Increment Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 . . . . ARTICLE V INSURANCE Section 5.1. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE VI REAL PROPERTY TAXES AND ASSESSMENTS Section 6.1. Real Property Taxes. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Section 7.1. Section 7.2. Section 7.3. Section 7.4. Section 7.5. Section 7.6. Section 7.7. Section 8.1 Section 8.2. Section 8.3. Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. ARTICLE VII FINANCING Financing ....................................................... 13 Limitation Upon Encumbrance of Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Approval of Mortgage ............................................. 13 Copy of Notice of Default to Mortgagee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Mortgagee's Option to Cure Defaults ................................. 14 City's Option to Cure Default on Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Modification for Benefit of Mortgages ................................ 15 ARTICLE VIII PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Representation as to Redevelopment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Prohibition Against Transfer of Property and Assignment of Agreement. . . . . . 15 Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE IX EVENTS OF DEFAULT Events of Default Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Remedies on Default .............................................. 17 Revesting Title in City Upon Happening of Event Subsequent ............. 18 No Remedy Exclusive ............................................. 18 No Additional Waiver Implied by One Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . 18 11 ARTICLE X ADDITIONAL PROVISIONS Section 10.1. Conflict of Interests; City Representatives Not Individually Liable ...................................... 18 Section 10.2. Equal Employment Opportunity ..................................... 18 Section 10.3. Provisions Merged With Deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 section 10.4. Titles of Articles and Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 10.5. Notices and Demands .......,.........................,........... 19 Section 10.6. Counterparts.....................,............................... 19 TESTIMONIUM SIGNATURES III . . . . . . SCHEDULE A SCHEDULE B-1 SCHEDULE B-2 SCHEDULE C SCHEDULE D SCHEDULE E Description of Redevelopment Property Redevelopment Deed (describing Housing Parcel) Parking Ramp Parcel Deed (describing Parking Ramp Parcel) Assessment Agreement and Assessor's Certification Certificate of Completion and Release of Forfeiture Permitted Encumbrances IV CONTRACT FOR PRIVATE DEVELOPMENT THIS AGREEMENT, effective the day of October, 1997, between THE CITY OF STILL WATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and JOHN E. ROETTGER (the "Redeveloper"). . WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has established a development program (the "Program") pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District") pursuant to the Municipal Development Districts Act; and has established Tax Increment Financing District No.7 (the "Financing District") and a Tax Increment Financing Plan (the "Plan") also pursuant to the enabling statutes ofthe State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and . WHEREAS, in order to achieve the objectives of the Program and Plan the City will acquire certain real property located in the District (the real property is more particularly described in Schedule A to this Agreement), and has determined to sell parts of the real property to the Redeveloper on the condition that the Redeveloper construct the Minimum Improvements thereon; and WHEREAS, the City believes that the development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken, ,~d; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 . . . . ARTICLE I DEFINITIONS Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.01. "Act" means the Municipal Development Districts Act, Minnesota Statutes, Section 469.124 et seq., as amended. 1.1.02. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.03. "Available Tax Increments" means those tax increments received in the six months prior to the Scheduled Payment Date with respect to the Redevelopment Property, less administrative expenses as defined in Minn. Stat. ~ 469.174, Subd. 14. 1.1.04. "Certificate of Completion" means the certification, in the form of the certificate contained in Schedule D attached to and made a part of this Agreement, provided to the Redeveloper, pursuant to Section 4.4 of this Agreement. 1.1.05. "City" means the City of Stillwater, Minnesota. 1.1.06. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) are the plans, specifications, drawings and related documents which are submitted to the building inspector of the City, and (b) must include at least the following: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (all sides of all buildings); (5) facade and landscape plan; (6) project design details and materials; (7) drainage plans and calculations; and (8) such other plans or supplements to the foregoing plans as the City may reasonably request. 1.1.07. "County" means the County of Washington, Minnesota. 1.1.08. "Development District" means Municipal Development District No.1 created by the City. 1.1.09. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. 1.1.10. "Holder" means the grantee under any Mortgage. 3 1.1.11. "Housing Parcel" means that portion of the Redevelopment Property described as the "Housing Parcel" on Schedule A. . 1.1.12. "Housing" means the seventy-six (76) housing unites, parking garages, elevators, open space, and other improvements and accessory uses necessary for the operation of a seventy- six (76) unit apartment building. 1.1.13. "Minimum Improvements" means the improvements to be constructed by the Redeveloper on the Redevelopment Property, as detailed in the construction plans. 1.1.14. "Minnesota Environmental Policy Act" means the statutes located at Minnesota Statutes, Section 116D.Ol et seq., as amended. 1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes, Sections 116B.01 et seq., as amended. 1.1.16. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article VII of this Agreement. 1. 1. I 7 . "National Environmental Quality Act" means the federal law located at 42 u.S.C.SS4331 et seq., as amended. 1.1.18. "Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the . City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. 1.1.19. "Parking Ramp Parcel" means that portion of the Redevelopment Property described in Schedule B-2. 1.1.20. "Parking Ramp" means a multilevel parking structure containing at least three hundred forty (340) parking spaces with approximately eleven thousand (11,000) square feet of retail space on ground level. 1.1.21. "Permitted Encumbrances" means the encumbrances described in Schedule E of this Agreement. 1.1.22. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.23. "Redeveloper" means John E. Roettger and St. Croix Builders, Inc. 4 . . . . 1.1.24. (Intentionally left blank). 1.1.25. "Redevelopment Property" means the real property described in Schedule A of this Agreement, consisting of the Housing Parcel in Schedule B-1 and the Parking Ramp Parcel described in Schedule B-2. 1.1.26. "Redevelopment Property Deed" means the Deed in Schedule B-1 and B-2 of this Agreement, used to convey the Redevelopment Property from the City to the Redeveloper. 1.1.27. "State" means the State of Minnesota. 1.1.28. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. ARTICLE II REPRESENTATIONS AND WARRANTIES: INTERPRETIVE RULE Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of the Act. 2.1.3. The City has acquired the Redevelopment Property in accordance with the Plan and will sell and convey the Redevelopment Property to the Redeveloper upon which the Redeveloper will construct the Minimum Improvements. 2.1.4. (reserved) Section 2.2. Representations and Warranties by the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. 5 2.2.2. The Minimum Improvements will be maintained as an allowed use under the zoning ordinance of the City. . 2.2.3. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. As of the date of execution of this Agreement, the Redeveloper has received no notice or communication from any local, state or federal official that the activities of the Redeveloper or the City in the Development District may be or will be in violation of any environmental law or regulation. As of the date of execution of this Agreement, the Redeveloper is aware of no facts the existence of which could cause the Redevelopment Property to be in violation of any local, state or federal environmental law, regulation or review procedure or which would give any person a valid claim under the Minnesota Environmental Rights Act. 2.2.4. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.5. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions .. of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements. 2.2.6. Contemporaneous with the execution of this Agreement, the Redeveloper will execute the Guaranty attached to this Agreement as Schedule F. ARTICLE III CONVEYANCE OF REDEVELOPMENT PROPERTY Section 3.1. Conveyance of Redevelopment Property. The City agrees that it will convey the Redevelopment Property to the Redeveloper pursuant to Article III of this Agreement if the following conditions are first satisfied with respect to the Minimum Improvements to be constructed thereon: (i) the Redeveloper is not then in default under this Agreement; (ii) the conditions set forth at Section 3.5 have been satisfied or waived in writing; 6 . . . . Section 3.2. Time of Closing. 3.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but has been cured), the City will execute and deliver to Redeveloper the Redevelopment Property Deed on the later of: (i) the conditions set forth in Section 3.5 have been satisfied; ~) ;or (iii) on such other date as the City and the Redeveloper agree in writing. 3.2.2. Unless otherwise agreed by the City and the Redeveloper, the execution and delivery of all deeds and the payment of any purchase price will be made at the principal offices of the City. Section 3.3. Consideration. 3.3 .1. The price to be paid to the City by the Redeveloper in exchange for the Redevelopment Property Deed, at the time and date of closing, will be as follows: (i) for the Housing Parcel, at the rate of five thousand and no/l 00 dollars ($5,000.00) per housing unit payable upon the sale of each housing unit; and (ii) for the Parking Ramp Parcel, one'and no/1 00 dollars ($1.00) and other good an valuable consideration described in the agreement. Section 3.4. Title. 3.4.1. The City agrees that it will, on or before the date that the City delivers the Redevelopment Deeds, review the state of title to the property and take any action reasonably necessary to render title to the parcel marketable, except as described in ~3.4.3 and ~3.4.4. 3.4.2. The City will voluntarily take no action to encumber title to any parcel of the Redevelopment Property between the date of this agreement and the date on which the Redevelopment Property Deeds for the parcel is executed by the City and delivered to the Redeveloper. 3.4.3. Notwithstanding ~3.4.1. and ~3.4.2., the City makes no warranty that either Redevelopment Parcel is free from hazardous substances. 3.4.4. The Housing Parcel is subject to an Indemnification and Access Agreement in 7 favor of North em States Power Company and the City gives no assurances by this agreement that the Housing Parcel or the Parking Ramp Parcel are suitable or appropriate for any particular use. . It is the obligation ofthe Redeveloper to secure from NSP any modifications of the Access Agreement or other release necessary to accommodate construction of the Minimum Improvements on the Housing Parcel. 3.4.5. The Redeveloper is aware that the Housing Parcel has been designated as Stillwater Gas Manufacturing Site # 1 by the Environmental Protection Agency and has been enrolled in the Minnesota Pollution Control Agency (MPCA) Voluntary Investigation and Clean- Up (VIC) program and the Redeveloper assumes responsibility for seeking assurances that any proposed use is permissible under any remediation program or other regulations. 3.4.6. The Redeveloper is aware that both Redevelopment Parcels contain buried and other municipal utilities and the Redeveloper assumes responsibility for the cost of relocation of the utilities. These costs, however, are eligible expenses as defined by the Minnesota Tax Increment Act. Section 3.5. Additional Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to deliver the Redevelopment Property Deed unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing by 3.5.1. The Redeveloper has funded mortgage financing sufficient for construction of the . Minimum Improvements as set forth in Article VII of this agreement, the disbursement of which is subject only to the conditions the City may approve; and 3.5.2. The City has approved an arrangement for disbursement of funds by the Redeveloper or its lender that will insure the performance of the Redeveloper's obligation to construct the Minimum Improvements and the payment of liens or claims related to the furnishing of labor or material furnished in connection with the construction on the Minimum Improvements. 3.5.3. The Redeveloper has submitted to the City executed binding construction contracts that will provide for construction of the Minimum Improvements within the time frames specified for the construction in this Agreement. 3.5.4. The Redeveloper has submitted to the City in a form satisfactory to the City a Performance Bond, Letter of Credit or other third party guarantee arranging that irrevocable pledger funds to complete the Minimum Improvements including in the event of the death or disability of the Redeveloper. 3.5.5. The Redeveloper has received a design permit and any conditional use permits or 8 . . variances, subdivision approval and building permit as required by the Heritage Preservation Committee ("HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, the Fire Chief and the City Council. Section 3.6. Limitation on City Financial Obligations. 3.6.1. In no event will the City be obligated to expend any more funds than the tax increment expressly described in this agreement. Section 3.7. City Action Promised Prior to Conveyance. 3.7.1. The City will take the following action in a timely manner prior to making the conveyance to the Redeveloper: (i) approve a subdivision of the property that will allow conveyance of the Housing and the Parking Ramp Parcels to the Redeveloper; and (ii) approval of a parking use agreement that will allow public parking at rates approved by the City and payable to the City for at least seventy-six (76) parking spaces in the Parking Ramp. Section 3.8. The City's Promises and Covenants that will Survive the Closing. . 3.8.1. The City covenants that the following actions will be taken and be continuing after the closing and during the term of this Agreement: (i) provide to the Redeveloper ninety percent (90%) of the available Tax Increment generated by the Minimum Improvements to be constructed by the redeveloper on the Parking Ramp Parcel, but not more available Tax Increment than can be paid by the City to Redeveloper for reimbursement of "eligible expenses" as defined by Minnesota Tax Increment Act; and (ii) provide, at no cost to the Redeveloper, the engineering assistance required for the relocation of any City municipal utilities that are now on or under the Redevelopment Property. Section 3.9. Redevelopers' Covenants that will Survive the Conveyance of the Redevelopment Property. 3.9.1. The Redevelopers promise the following continuing actions that will survive the conveyance of the hotel property to the Redevelopers: (i) approval of a Parking Use Agreement that will allow public parking at . 9 rates approved by the city and payable to the City for at least seventy-six (76) parking spaces in the parking ramp; . (ii) grant to the City any easements needed for municipal utilities and storm water drainage provided that the easements will not unreasonably interfere with the Housing and Parking Ramp use; (iii) pay to the City at the time of sale of each Housing Unit, one thousand and no/lOO dollars ($1,000.00) for Park Dedication in lieu of the dedication of park land; (iv) pay to the City for conveyance of the Housing Parcel the consideration described in ~3.3.1. of the agreement; (v) reconvey to Marlin Eiklenborg a portion of the Housing Parcel adjacent to the Eiklenborg South property line upon which Eiklenborg is now encroaching; (vi) prepare a condominium of the parking ramp to be constructed on the Parking Parcel that will allow the floor level of public parking area to be conveyed in fee simple to the City at the termination of this agreement or the forfeiture of the level to the City in the event of a default under this agreement, whichever occurs earlier. . ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. Changes. 4.2.1. If the Redeveloper desires to make any change in the Construction Plans, the Redeveloper must submit the proposed change to the City for its approval. The request must be filed with the Community Development Director. Minor modifications may be approved by the Community Development Director. Any substantial modifications must be approved by the City Council and the committee or authority that granted the permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City, whether the Community Development Director, the Councilor any committee or authority, 10 . must approve the proposed change and notify the Redeveloper in writing of its approval. . Section 4.3. Commencement and Completion of Construction. The Redeveloper must commence construction of the Minimum Improvements within seven (7) days after delivery of the Redevelopment Property Deed, or on the date the parties agree in writing. The Redeveloper must complete the construction of the Parking Ramp before January 1, 1999, and the Housing Units on the Housing Parcel before January 1,2000. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. . The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diljgently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordance with the Construction Plans the City will furnish the Redeveloper with an appropriate instrument so certifying. The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. The certification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. 4.4.2. The certificate provided for in Section 4.4 of this Agreement must be in a form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the City refuses or fails to provide any certification in accordance with the provisions of Section 4.4 of this Agreement, the City must, within thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a . 11 written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is . otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. 4.4.3. The construction will be deemed to be completed when it is substantially completed, as determined by the City in the exercise of its reasonable discretion, but not later than the date upon which a certificate of occupancy is issued. Section 4.5. Indemnity. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements. Section 4.6. Tax Increment Payments. Provided that the Minimum Improvements on the Parking Ramp Parcel are substantially completed before January 1, 1999, the City agrees to pay in equal installments, during the following twelve (12) years beginning on September 1, 2000, and again on March 1,2001, (the "Scheduled Payment Dates") and each September 1 and March 1 thereafter for twelve (12) years, a sum equal to the available tax increments generated by the Minimum Improvements on the Parking Ramp Parcel; the "Scheduled Payments." If the Minimum Improvements are not completed by January 1, 1999, and the City grants an extension of the completion date to the Redevelopers, the dates for payment of available tax increments will begin September 1 st of the first year taxes are payable resulting from the full assessment of . the Minimum Improvements and continuing for twelve (12) years thereafter. Each payment will be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper c/o John E. Roettger, 9376 St. Croix Trail North, Stillwater, Minnesota 55082. The Redeveloper by notice to the City may designate different addresses to which the payments will be sent. The Scheduled Payments due on any Scheduled Payment Date are payable solely from and only to the extent that the City has received as of the Scheduled Payment Date Available Tax Increments, as defined in this Contract, received in the six months prior to a Scheduled Payment Date with respect to the Redevelopment property. This obligation is not payable from or will it constitute a charge upon any funds of the City, and the City will not be subject to any liability or be deemed to have obligated itself to pay from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. The Redeveloper will never have or be deemed to have the right to compel any exercise of any taxing power of the City. 12 . . . . ARTICLE V INSURANCE Section 5.1. Insurance. 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the City with proof of payment of premiums on: (i) Builder's Risk Insurance, written on the so-called "Builder's Risk-- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City; (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000.00 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used); and (iii) Worker's compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (i) and (ii) above must be in form and content satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause (i) above will contain an agreement of the insurer to give not less than thirty (30) days' - advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. 5.1.2. Upon completion of construction of the Minimum Improvements and prior to the Maturity Date of the Redevelopment Mortgage, the Redeveloper must maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City must furnish proof of payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering the risks as are ordinarily insured against by similar businesses, including (without limiting the generality of 13 the foregoing) fire, extended coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, collapse and flood in an amount not less than the full insurable replacement value of the Minimum Improvements, but any policy may have a deductible amount of not more than $25,000. No policy of insurance may be written so that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" means the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other uninsurable items) and equipment, and will be determined from time to time at the request of the City, but not mote frequently than once every three years, by an insurance consultant or insurer, selected and paid for by the Redeveloper and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements must be carried in the names of the Redeveloper and the City as their respective interests may appear and must contain clauses which provide for Net Proceeds of insurance resulting from claims per casualty thereunder to the Minimum Improvements to be made payable in accordance with the terms of any approved Mortgage, or if no Mortgage, in trust for the benefit of the Redeveloper and it as their intent may appear. The City and the Redeveloper must agree on the amount of settlement. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of$I,OOO,OOO.OO, for public liability not arising from ownership or operation of automobiles (or other motor vehicles), and in the minimum amount of $600,000 for each occurrence and for each year for liability arising out of ownership or operation of automobiles (or other motor vehicles). (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Redeveloper engaged in work with respect to the construction of the Minimum Improvements, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self-insured with respect to all or any part of its liability for worker's compensation. 5.1.3. All insurance required in Article V of this Agreement will be taken out and 14 . . . . . . maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless otherwise provided in this Article V of this Agreement each policy must contain a provision that the insurer will not cancel nor modify it without giving written notice to the Redeveloper and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Redeveloper must furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V of this Agreement, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper will deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. In the event that any such damage does not exceed $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. In the event the Minimum Improvements or any portion thereof is destroyed by fire or other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper must within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged Minimum Improvements substantially the same condition or utility value as it existed prior to the event causing such damage or destruction and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction will be disbursed to the Redeveloper. 5.1.5. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by the City to the Redeveloper upon the receipt of: (1) A certificate of an authorized representative of the Redeveloper specifying the expenditures made or to be made or the indebtedness incurred in connection with the 15 repair, reconstruction and restoration and stating that the Net Proceeds, together with any other moneys legally available for the purpose, will be sufficient to complete the repair, . construction and restoration. The Redeveloper must complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. Any Net Proceeds remaining after completion of the repairs, construction and restoration must be remitted to the Redeveloper. ARTICLE VI REAL PROPERTY TAXES AND ASSESSMENTS Section 6.1. Real Property Taxes. 6.1.1. The Redeveloper must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments payable therewith and thereafter. ARTICLE VII FINANCING Section 7.1. Financing. . 7.1.1. The Redeveloper must have submitted evidence of a commitment for financing and other security described in ~3.5.4 of the agreement that is deemed by the City to be sufficient for construction of the Minimum Improvements as required by this Agreement, before a conveyance of the Redevelopment property to the Redeveloper.. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: (i) for the purposes of obtaining funds only to the extent necessary for constructing and operating the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an 16 . . . . allowance for contingencies), and (ii) only upon the prior written approval of the City; and (iii) operating agreements. Section 7.3. Approval of Mortgage. The City will approve a permitted Mortgage if: (i) the City first receives a copy of all mortgage documents; (ii) the City determines, in its sole discretion, that the mortgagee is a responsible lender capable of and authorized to make the mortgage loan; (iii) the City determines that the mortgage loan, together with other funds available to the Redeveloper, will be sufficient to construct Minimum Improvements; (iv) the City determines that no Event of Default has occurred; and (v) the City determines that the terms of the Mortgage conform to the terms of Article VII of this Agreement. The approval of the City will not be unreasonably withheld. Section 7.4. Copy of Notice of Default to Mortgagee. Whenever the City delivers any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City will at the same time forward a copy of the notice or demand to each Holder of any Mortgage authorized by the Agreement at the last address of the Holder shown in the records of the City. Section 7.5. Mortgagee's Option to Cure Defaults. After any breach or default, each Holder must (insofar as the rights of the City are concerned) have the right (but not the obligation), at its option, to cure or remedy the breach or default (or the breach or default to the extent that it relates to the part of the Redevelopment Property covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of its Mortgage: Provided, That if the breach or default is.with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement will be deemed to permit or authorize the Holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Minimum Improvements on the Redevelopment Property or the part thereof to which the lien or title of the Holder relates. Any Holder who will properly complete the Minimum Improvements relating to the Redevelopment 17 Property or applicable part thereof will be entitled, upon written request made to the City, to a certification by the City to such effect in the manner provided in Section 4.4 of this Agreement, . and any such certification will, if so requested by the Holder, mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Redevelopment Property that the City will have or be entitled to because of failure of the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to cure or remedy any default with respect to the construction of the Minimum Improvements on other parts or parcels of the Redevelopment Property, or because of any other default in or breach of the Agreement by the Redeveloper or a successor, will not apply to the part or parcel ofthe Redevelopment Property to which such certification relates. Section 7.6. City's Option to Cure Default on Mortgage. In the event that the Redeveloper is in default under any Mortgage authorized pursuant to this Article VII of this Agreement, the mortgagee, within ten (10) days after it or any of its agents or employees become aware of any such default and prior to exercising any remedy available to it due to the default, must notify the City in writing of: (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. If, within thirty (30) days after receipt of the notice, the City cures any monetary defaults under the Mortgage and commences the actions necessary to cure any other default (and cures the other default within six (6) months after receipt of the notice), then the mortgagee will pursue none of its remedies under the Mortgage based upon the default of the Redeveloper. In the event of a transfer of the title to the Redevelopment Property to the City, or a third party approved by the City, whether or not required to cure a default under the Mortgage, the transfer will not constitute an event of default under the Mortgage unless the . security of the mortgagee has, in fact, been impaired by the transfer. In the event of the transfer . (which does not impair the security of the mortgagee), the mortgagee must permit the transferee to assume all outstanding obligations (and receive all remaining disbursements) under the Mortgage and the loan secured by the Mortgage. The City will not approve any mortgage, pursuant to Article VII of this Agreement, which does not contain terms which conform to the terms of this Agreement. The City may modify any of the terms or requirements of this Agreement with the mortgagee of any Mortgage without the approval or consent of the Redeveloper after obtaining possession. Section 7.7. Modification for Benefit of Mortgages. In order to facilitate the Redeveloper's obtaining of financing for construction of the Minimum Improvements the City agrees that it will consider reasonable modifications of this Agreement if requested by a prospective lender and if the City, in its reasonable discretion, determines that the modification(s) will adequately protect the legitimate interests and security of the City in the Redevelopment Property and Minimum Improvements and under this Agreement. This provision may not be construed to compel or require the City to consent to any modification. 18 . ARTICLE VIII . PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property, and its other undertakings pursuant to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of ( a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. Section 8.2. Prohibition Against Transfer of Property and Assignment of Agreement. Also, for the foregoing reasons the Redeveloper represents and agrees that: . 8.2.1. Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under the Agreement, and only if such fmancing has been approved by the City, the Redeveloper (except as so authorized) has not made 'or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Redevelopment Property or any part thereof or any interest therein, or any promise or agreement to do any of the same, without the prior written approval of the City. 8.2.2. The City will be entitled to require as conditions to any approval that: (i) any proposed transferee has the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Redevelopment Property, the obligations to the extent that they relate to that part); (ii) any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have . 19 expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the conditions and restrictions to . which the Redeveloper is subject (or, in the event the transfer is of or relates to part of the Redevelopment Property, such obligations, conditions, and restrictions to the extent that they relate to that part) even if the Redeveloper agrees to continue to fulfill those obligations: Provided, That the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall, for whatever the reason, not have assumed any obligations or so agreed, will not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from said obligations, conditions, or restrictions, or deprive or limit the City of or with respect to any rights or remedies or controls with respect to the Redevelopment Property or the construction of the Minimum Improvements; it being the intent of this, together with other provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, will operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the . Redevelopment Property and the construction of the Minimum Improvements that the City would have had, had there been no transfer or change; and (iii) there will be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval will be indicated to the Redeveloper in writing. In the absence of specific written agreement by the City to the contrary, no transfer or approval by the City thereofwill be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. Section 8.3. Approvals. Any approval required to be given by the City under this Article VIII of this Agreement may be denied only in the event that the City reasonably determines that the ability of the Redeveloper to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. 20 . ARTICLE IX . EVENTS OF DEFAULT Section 9.1. Events of Default Defined. The following are "Events of Default" under this Agreement and the term "Event of Default" means, whenever it is used in this Agreement (unless the context otherwise provides), anyone or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9.1.2. (Intentionally left blank.) 9.1.3. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. . 9.1.4. Failure by the Redeveloper to satisfy all conditions precedent to City action by . 9.1.5. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Article IV of this Agreement. 9.1.6. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any condition of approval or any City approval required by ~3.5.4. of this Agreement. 9.1.7. The Holder of any Mortgage exercises any remedy provided by the Mortgage documents or exercises any remedy provided by law or equity in the event of a default in any of the terms or conditions of the Mortgage. 9.1.8. The Redeveloper makes any changes to the Construction Plans without approval of the Grantor of any permit or approval described in ~3.5.4. of this Agreement. 9.1.9. The Redeveloper constructs Minimum Improvements that are different from the Minimum Improvements described in the approved Construction Plans. . 21 9.1.10. The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; . (ii) makes an assignment for the benefit of its creditors; (iii) admits in writing its inability to pay its debts generally as they become due; or (iv) is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take anyone or more of the following actions: 9.2.1. Suspend its performance under the Agreement and refuse to deliver the Redevelopment Deed. 9.2.2. Terminate this Agreement. 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from . the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. Section 9.3. Revesting Title in City Upon Happening of Event Subsequent. In the event that subsequent to the delivery of the Redevelopment Property Deed to the Redeveloper and prior to receipt by the Redeveloper of the Certificate of Completion: The Redeveloper fails to begin construction of the Minimum Improvements in conformity with this Agreement by , or fails to substantially complete construction of the Minimum Improvements by on the Parking Ramp parcel before January I, 1999, or the Housing Units of the Housing Parcel by or before January 1,2000. 22 . . In addition to title in fee simple of the public parking area of the Parking Ramp Parcel as subdivided under the Condominium Act will revest in the City, by right of reverter upon termination of this agreement or upon the occurrence earlier of any event of default as described in this agreement Section 9.4. No Remedy Exclusive. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City or the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article IX. Section 9.5. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular breach so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE X . ADDITIONAL PROVISIONS Section 10.1. Conflict ofInterests: City Representatives Not Individually Liable. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee ofthe City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 10.3. Provisions Merged With Deed. The provisions of this Agreement are intended to and will be merged with the Deed transferring any interest in the Redevelopment Property and the obligations of the Redeveloper will be appurtenant and will run with and bind the land. . 23 Section 10.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded . in construing or interpreting any of its provisions. Section 10.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper c/o John E. Roettger, 9376 St. Croix Trail North, Stillwater, Minnesota 55082; and (ii) in the case of the City, is addressed to or delivered personally to the City at 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. Section 10.6. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its . name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. THE CITY OF STILL WATER, MINNESOTA By Jay L. Kimble, Its Mayor By Morli Weldon, Its City Clerk REDEVELOPER: John E. Roettger 24 . . . . STATE OF MINNESOTA ) ) ss. ) COUNTY OF WASHINGTON On this _ day of , 1997, before me, a Notary Public within and for said County, appeared Jay L. Kimble, and Morli Weldon, to me personally known who, being duly sworn, did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this _ day of , 1997, before me, a Notary Public within and for said County, appeared John E. Roettger, to me personally known who, being duly sworn, did say that he is the individual named in the foregoing instrument and that this instrument was signed as the free act and deed. Notary Public This instrument was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 612-439-9464 25 SCHEDULE A . HOUSING PARCEL All that part of Lots One (1), Two (2), Six (6), and Seven (7) in Block Thirty-five (35) of the original town (now city of Stillwater as follows): Commencing at the Northeast corner of Block 35; thence South along the East Line of said Lots One (1) and Six (6), One Hundred Feet (100') to the place of beginning; thence West parallel to the North line of said Lots One (1) and Two (2) to the East line of Lot Three (3); thence South along East line of Lot Three (3) to the North line of Lot Six (6); thence West along the North line of Lot Six (6) to a point which is One Hundred Twenty Feet (120') East of the East line of Third Street, thence South parallel with the East line of Third Street Eight-five feet (85'); thence West at a right angle to the East line of Third Street; thence South along East line of Third Street One Hundred fifty feet (150'); thence East at a right angle One Hundred fifty feet (150') to the intersection with the West line of Lot Seven 7) if extended Northerly; thence South along said extended line and the West line of Lot Seven (7) Fifty Feet (50'); thence East at right angles with Third Street One hundred fifty feet (150') to the West line of Second Street; thence North along the West line of Second Street, to the place of beginning. and . All the part of Lot numbered Six (6) in Block numbered thirty-five (35) of the Original Town (now City) of Stillwater, described as follows: Beginning at a point on the east line of South Third Street, eighty-five (85) feet south of the northwest corner of said Lot Six (6), thence east at right angles to South Third Street, Fifty (50) feet, thence south on a line parallel with South Third Street one hundred and fifty (150) feet, thence west at right angles to South Third Street a distance of fifty (50) feet to the east line of South Third Street, thence north along the said east line of South Third Street one hundred and fifty (150) feet to the place of beginning. PARKING RAMP PARCEL (Legal to be provided) . . . . SCHEDULE B-1 HOUSING PARCEL DEED THIS INDENTURE, between The City of Stillwater, Minnesota a Minnesota Municipal Corporation (the "Grantor"), and John E. Roettger (the "Grantee"). WITNESSETH, that Grantor, in consideration of the sum of one dollar ($l.od) the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel ofland lying and being in the County of Washington and State of Minnesota described as follows, to...wit (such tract or parcel of land is hereinafter referred to as the "Property"), as described on the attached Exhibit" A" . To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging to the said Grantee, its successors and assigns, forever, Provided: SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions of an agreement entered into between the Grantor and Grantee effective on the _ day of , 1997, identified as "Contract for Private Redevelopment" (hereinafter referred to as the "Agreement") and that the Grantee shall not convey this Property, or any part thereof, without the consent of the Grantor until a certificate of completion releasing the Grantee from certain obligations of the Agreement as to this Property or any part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed and for erecting improvements therein in conformity with the Agreement, any applicable redevelopment plan and applicable provisions of the zoning ordinance of the City of Stillwater, Minnesota. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the construction of the improvements thereon, as provided in the Agreement. Promptly after completion of the improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. The certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof. The certification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer or a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the improvements, or any part thereof. Bl-l All certifications provided for herein will be in a form that will enable it to be recorded with the County Recorder, or Washington County, Minnesota. If the Grantor shall refuse or fail to provide any certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. . SECTION 2. In the event the Grantee herein shall, prior to the recording of the certificate of completion hereinabove referred to: (a) Fail to being construction of the Minimum Improvements (as defined in the Agreement) in conformity with the Agreement and such failure is not cured within ninety (90) days after written notice from the Grantor to the Grantee to do so; or (b) Fail to carry out its obligations with respect to the construction of the Minimum Improvements (as defined in the Agreement), or shall abandon or substantially suspend construction work, and any failure, abandonment or suspension shall not be cured, ended or remedied within ninety (90) days after written demand from the Grantor to the Grantee to do so; or . then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest, but only if the events stated in Section 2(a) and 2(b) have not been cured within the time periods provided above. SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and its successors and assigns shall: (a) Devote the Property to, and only to and in accordance with the uses specified in any applicable redevelopment plan as amended and extended and only for hotel, restaurant and meeting room purposes; (b) Not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof; (c) Not cause the Property to be removed from the public tax rolls or to e Bl-2 become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action; . (d) Not apply for or seek through administrative or judicial proceedings a reduction in real property taxes but only if such reduction would reduce taxes to an amount set forth in The Assessment Agreement. (e) Comply with the provisions of Article V and VI of the Agreement relating to insurance coverage, and the payment of real property taxes. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. SECTION 4. This Deed is also given subject to: (a) Covenants, conditions and restrictions contained in the plan for the Municipal Development District Number 7, as amended as of the date of this Agreement. . (b) Provision of the ordinances, building and zoning laws of the City of Stillwater, state and federal laws and regulations in so far as they affect this real estate. (c) Taxes payable subsequent to the date of this conveyance. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its and and has caused its corporate seal to be affixed this day of , 1997. THE CITY OF STILLWATER, MINNESOTA By Its By . Its BI-3 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) . On this _ day of , 1997, before me, a notary public within and for Washington County, personally appeared , and to me personally known who by me duly sworn, did say that they are the and of the City of Stillwater (the "City") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its Council; and said and acknowledged said instrument to be the free act and deed of said City. Notary Public This instrument was drafted by: MAGNUSON LAW FIRM David T. Magnuson, #66400 333 North Main Street Suite 202 P.O. Box 438 Stillwater, Minnesota 55082 612/439-9464 . . BI-4 . . . SCHEDULE B-2 PARKING RAMP PARCEL DEED THIS INDENTURE, between The City of Stillwater, Minnesota a Minnesota Municipal Corporation (the "Grantor"), and John E. Roettger (the "Grantee"). WITNESSETH, that Grantor, in consideration of the sum of one dollar ($1.00) the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Washington and State of Minnesota described as follows, to-wit (such tract or parcel of land is hereinafter referred to as the "Property"), as described on the attached Exhibit "A". To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging to the said Grantee, its successors and assigns, forever, Provided: SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions of an agreement entered into between the Grantor and Grantee effective on the _ day of , 1997, identified as "Contract for Private Redevelopment" (hereinafter referred to as the "Agreement") and that the Grantee shall not convey this Property, or any part thereof, without the consent of the Grantor until a certificate of completion releasing the Grantee from certain obligations of the Agreement as to this Property or any part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed and for erecting improvements therein in conformity with the Agreement, any applicable redevelopment plan and applicable provisions of the zoning ordinance of the City of Stillwater, Minnesota. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the construction of the improvements thereon, as provided in the Agreement. Promptly after completion of the improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. The certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof. The certification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer or a B2-1 mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the improvements, or any part thereof. . All certifications provided for herein will be in a form that will enable it to be recorded with the County Recorder, or Washington County, Minnesota. If the Grantor shall refuse or fail to provide any certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. In the event the Grantee herein shall, prior to the recording of the certificate of completion hereinabove referred to: (a) Fail to being construction of the Minimum Improvements (as defined in the Agreement) in conformity with the Agreement and such failure is not cured within ninety (90) days after written notice from the Grantor to the Grantee to do so; or (b) Fail to carry out its obligations with respect to the construction of the Minimum Improvements (as defined in the Agreement), or shall abandon or substantially suspend construction work, and any failure, abandonment or suspension shall not be cured, ended or remedied within ninety (90) days after written demand from the Grantor to the Grantee to do so; or . then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest, but only if the events stated in Section 2(a) and 2(b) have not been cured within the time periods provided above. In addition the Grantor shall have the right to reenter and take possession of the public parking parcel to be constructed and subdivided under the Minnesota Condominium Act upon termination of this agreement or an earlier default of the Redeveloper as described in the Redevelopment Agreement. B2-2 . . . . SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and its successors and assigns shall: (a) Devote the Property to, and only to and in accordance with the uses specified in any applicable redevelopment plan as amended and extended and only for hotel, restaurant and meeting room purposes; (b) Not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof; (c) Not cause the Property to be removed from the public tax rolls or to become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action; (d) Not apply for or seek through administrative or judicial proceedings a reduction in real property taxes but only if such reduction would reduce taxes to an amount set forth in The Assessment Agreement. (e) Comply with the provisions of Article V and VI of the Agreement relating to insurance coverage, and the payment of real property taxes. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. SECTION 4. This Deed is also given subject to: (a) Covenants, conditions and restrictions contained in the plan for the Municipal Development District Number 7, as amended as of the date of this Agreement. (b) Provision of the ordinances, building and zoning laws of the City of Stillwater, state and federal laws and regulations in so far as they affect this real estate. B2-3 (c) Taxes payable subsequent to the date of this conveyance. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its and and has caused its corporate seal to be affixed this _ day of , 1997. . THE CITY OF STILLWATER, MINNESOTA By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1997, before me, a notary public within and for Washington County, personally appeared , and to me personally known who by me duly sworn, did say that they are the and of the City of Stillwater (the "City") named in the foregoing . instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its Council; and said and acknowledged said instrument to be the free act and deed of said City. Notary Public This instrument was drafted by: MAGNUSON LAW FIRM David T. Magnuson, #66400 333 North Main Street Suite 202 P.O. Box 438 Stillwater, Minnesota 55082 612/439-9464 B2-4 . . SCHEDULE "C" ASSESSMENT AGREEMENT AND ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILL WATER, MINNESOTA AND JOHN E. ROETTGER AND COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON . Drafted by: . David T. Magnuson, #66400 MAGNUSON LA W FIRM 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439-9464 ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the _ day of ,1997, between The City of Stillwater, Minnesota, a municipal corporation (the "City"), John E. Roettger (the "Redeveloper"), and the County Assessor of the County of Washington (the "Assessor"). WITNESSETH, that WHEREAS, on or before the date hereof, the City and Redeveloper have entered into a Contract for Private Redevelopment for the real property located in the City of Stillwater, hereinafter referred to as the "Redevelopment Property" and legally described in Schedule "A"; and WHEREAS, it is contemplated that pursuant to the Redevelopment Contract the Redeveloper will construct a parking ramp and retail center upon the Redevelopment Property (the "Minimum Improvements"); and WHEREAS, the City and Redeveloper desire to establish a minimum market value for Redevelopment Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum Improvements which it is contemplated will be erected; NOW THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. Upon substantial completion of construction of the above-referenced Minimum Improvements by the Redeveloper, as evidenced by the delivery to the Redeveloper from the City of the Certificate of Completion (as defined in the Redevelopment Contract), the minimum market value which shall be assessed for the Redevelopment Property described in Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax purposes, shall be . The parties to this Agreement expect that the construction of the Minimum Improvements will be substantially completed before January 1, 1999. 2. The minimum market value shall be of no further force and effect and this Agreement shall terminate on the date when the Redevelopment Contract either expires or terminates. C-l . . e 3. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes, Section 469.177, Subdivision 8, set forth in Schedule B hereto. The Redeveloper must pay all costs of recording. . 4. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment eontract between the City and the Redeveloper. 5. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. THE CITY OF STILLWATER, MINNESOTA By: Jay L. Kimble, Its Mayor . By: Morli Weldon, Its Clerk REDEVELOPER: John E. Roettger . C-2 STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) . On this _ day of , 1997, before me, a Notary Public within and for said County, personally appeared Jay L. Kimble and Morli Weldon, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Stillwater, that said instrument was signed on behalf of said City by authority of its Council; and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1997, a Notary Public within and for said County, personally appeared John E. Roettger, to me personally known, who, being duly sworn, did say that he is the Redeveloper, that the instrument was signed on behalf of the Redeveloper and the President acknowledged the instrument to be the free act and deed of the Redeveloper. . Notary Public CERTIFICATION BY COUNTY ASSESSOR The Undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimum market value contained in the foregoing Agreement appears reasonably, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in Schedule "A", hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than until termination of this Agreement. County Assessor, Washington County C-3 . Notary Public . STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) The foregoing instrument was acknowledged before me this _ day of 1997, by , County Assessor of the County of Washington. . . C-4 SCHEDULE D CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE . WHEREAS, The City of Stillwater, Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Deeds in and for the County of Washington and State of Minnesota, as Deed Document Number(s) _ has conveyed to John E. Roettger (the "Grantee"), the following described land in the County of Washington and State of Minnesota, to-wit: LEGAL DESCRIPTION and WHEREAS, the Contract For Private Redevelopment as approved the Grantor, on (Redevelopment Contract) contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, the covenants and restrictions being set forth in Sections 9.3 and 9.3.1 of the Redevelopment Contract. WHEREAS, the Grantee has performed the covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; . NOW THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Redevelopment Contract have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar as it applies to the land described herein, and the County Recorder in and for the County of Washington and State of Minnesota is hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of the contract referred to in the Deed, the breach of which would result in a forfeiture and right of re-entry, but other covenants created by Section 3 of the Deed shall remain in full force and effect as well as the right of reventer to the Parking Ramp Parcel Right of Reventer described in Section 2 of the Parking Ramp Parcel Deed. Dated: THE CITY OF STILLWATER, MINNESOTA By Its By Its D - I . SCHEDULE E . A first mortgage, subject to the terms of this Redevelopment Agreement. . . . ,If:''';- . . -- Second Draft October 27, 1997 CONTRACT FOR PRIV ATE REDEVELOPMENT Between THE CITY OF STILLWATER, MINNESOTA And JOHN E. ROETTGER .- This document was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 TABLE OF CONTENTS . ARTICLE I DEFINITIONS . r7;". Section 1.1. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Section 2.1. Section 2.2 Section 3.1. Section 3.2. Section 3.3. Section 3.4. Section 3.5. Section 3.6. Section 3.7. Section 3.8. Section 3.9. Section 4.1. Section 4.2. Section 4.3. Section 4.4. Section 4.5. Section 4.6. ARTICLE II REPRESENTATIONS AND WARRANTIES; INTERPRETIVE RULE Representations by the City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3 Representations and Warranties by the Redeveloper . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE III CONVEYANCE OF REDEVELOPMENT PROPERTY Conveyance of Redevelopment Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Time of Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Title ............................................................ 5 Additional Conditions to City Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Limitation on City's Financial Obligations .............................. 6" City Action Promised Prior to CQIlveyance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 The City's Promises and Covenants that will Survive the Closing ........ :'. . . 7 Redevelopers' Covenants that will Survive the Closing ....................8 . ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS Construction of Minimum Improvements ............................... 8 Construction Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :'. 8 Commencement and Completion of Construction. . . . . . . . . . . . . . . . . . . . . . . . . 8 Certificate of Completion ........................................... 9 Indemnity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Tax Increment Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 . . I 'tl~:~; . . ARTICLE V INSURANCE Section 5.1. Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 6.1. Section 7.1. Section 7.2. Section 7.3. Section 7.4. Section 7.5. Section 7.6. Section 7.7. Section 8.1 Section 8.2. Section 8.3. Section 9.1. Section 9.2. Section 9.3. Section 9.4. Section 9.5. ARTICLE VI REAL PROPERTY TAXES AND ASSESSMENTS Real Property Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ARTICLE VII FINANCING Financing ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Limitation Upon Encumbrance of Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Approval of Mortgage .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Copy of Notice of Default to Mortgagee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Mortgagee's Option to Cure Defaults ................................. 14 City's Option to Cure Default on Mortgage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Modification for Benefit of Mortgages ................................ 15 ARTICLE VIII PROHIBITIONS AGAINST ASSIGN1vfENT AND TRANSFER Representation as to Redevelopment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Prohibition Against Transfer of Property and Assignment of Agreement. . . . . . 15 Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ARTICLE IX EVENTS OF DEFAULT Events of Default Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Remedies on Default .............................................. 17 Revesting Title in City Upon Happening of Event Subsequent ............. 18 No Remedy Exclusive " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . 18 No Additional Waiver Implied by One Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . 18 11 ARTICLE X ADDITIONAL PROVISIONS ,J"'::' Section 1 0.1. Conflict ofInterests; City Representatives Not Individually Liable ...................................... 18 Section 10.2. Equal Employment Opportunity ..................................... 18 Section 10.3. Provisions Merged With Deed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 section 10.4. Titles of Articles and Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 10.5. Notices and Demands ............................................. 19 Section 10.6. Counterparts..................................................... 19 TESTIMONIUM SIGNATURES 11l . . . . SCHEDULE A SCHEDULE B-1 SCHEDULE B-2 SCHEDULE C SCHEDULE D SCHEDULE E o lk;~' . . Description of Redevelopment Property Redevelopment Deed (describing Housing Parcel) Parking Ramp Parcel Deed (describing Parking Ramp Parcel) Assessment Agreement and Assessor's Certification Certificate of Completion and Release of Forfeiture Permitted Encumbrances IV Ii !;; CONTRACT FOR PRlV A TE DEVELOPMENT THIS AGREEMENT, effective the day of October, 1997, between THE CITY OF STILL WATER (the "City"), a home rule charter city of the State of Minnesota, having its principal offices at 216 North 4th Street, Stillwater, Minnesota 55082, and JOHN E. ROETTGER (the "Redeveloper"). . WITNESSETH: WHEREAS, the City is a home rule charter city organized and existing pursuant to the Constitution and laws of the State of Minnesota and is governed by the Council of the City; and WHEREAS, pursuant to the Municipal Development Districts Act, Minnesota Statutes, Section 469.124-469.134, as amended, the Council is authorized to establish development districts in order to provide for the development and redevelopment of the City; and WHEREAS, the Council of the City has established a development program (the "Program") pursuant to the Municipal Development Districts Act; and has established a development district (the "Development District") pursuant to the Municipal Development Districts Act; and has established Tax Increment Financing District No.7 (the "Financing District") and a Tax Increment Financing Plan (the "Plan") also pursuant to the enabling statutes of the State of Minnesota; and WHEREAS, the major objectives of the Council in establishing the Development District . are to: remove, prevent, or reduce blight, blighting factors, causes of blight, or the spread of blight and deterioration; eliminate unsafe structures and conditions; provide land for needed public parking, utilities, and facilities; remove incompatible land uses, eliminate obsolete or detrimental uses; and assemble land for redevelopment; and -- WHEREAS, in order to achieve the objectives of the Program and Plan the City will acquire certain real property located in the District (the real property is more particularly described in Schedule A to this Agreement), and has determined to sell parts of the real property to the Redeveloper on the condition that the Redeveloper construct the Minimum Improvements thereon; and WHEREAS, the City believes that the development and redevelopment of the Development District pursuant to this Agreement, and fulfillment generally of the terms of this Agreement, are in the vital and best interests of the City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable federal, state and local laws under which the Program is being undertaken, and; NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 2 . . ARTICLE I DEFINITIONS Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: 1.1.01. "Act" means the Municipal Development Districts Act, Minnesota Statutes, .I~~-;" Section 469.124 et seq., as amended. . . 1.1.02. "Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented. 1.1.03. "Available Tax Increments" means those tax increments g~~~edtr'froID%1:l1~ :"",:.!i~''''';='~'''':<':;;''~,._'X0"t,:"Y,w",-:""e.,-,;:~~,_~_.; Parkin.g~~!?~!~i.!::gei.B!~~g:g~~~~ received in the six months prior to the Scheduled Payment Date 'v\ith rC3pect ta the Rcek-fdapmcrtt Prapcrty, less administrative expenses as defined in Minn. Stat. g 469.174, Subd. 14. 1.1.04. "Certificate of Completion" means the certification, in the form of the certificate contained in Schedule D attached to and made a part of this Agreement, provided to the Redeveloper, pursuant to Section 4.4 of this Agreement. 1.1.05. "City" means the City of Stillwater, Minnesota. 1.1.06. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property which (a) are the plans, specifications, drawings and related documents which are submitted to the' building inspector of the City, and (b) must include at least the following: (1) site plan; (2) foundation plan; (3) floor plan for each floor; (4) elevations (all sides of all buildings); (5) facade and landscape plan; (6) project design details and materials; (7) drainage plans and calculations; and (8) such other plans or supplements to the foregoing plans as the City may reasonably request. 1.1.07. "County" means the County of Washington, Minnesota. 1.1.08. "Development District" means Municipal Development District No.1 created by the City. 1.1.09. "Event of Default" means an action by the Redeveloper described in Section 9.1 of this Agreement. 1.1.10. "Holder" means the grantee under any Mortgage. 3 1.1.11. "Housing Parcel" means that portion of the Redevelopment Property described as the "Housing Parcel" on Schedule A. . 1.1.12. "Housing" means the seventy-six (76) housing units, parking garages, elevators, open space, and other improvements and accessory uses necessary for the operation of a seventy- six (76) unit apartment building. 1.1.13. "Minimum Improvements" means the improvements to be constructed by the .,.~:' Redeveloper on the Redevelopment Property, as detailed in the construction plans. 1.1.14. "Minnesota Environmental Policy Act" means the statutes located at Minnesota Statutes, Section 116D.01 et ~., as amended. 1.1.15. "Minnesota Environmental Rights Act" means the statutes located at Minnesota Statutes, Sections 116B.Ol et ~., as amended. 1.1.16. "Mortgage" means any mortgage made by the Redeveloper which is secured, in whole or in part, with the Redevelopment Property and which is a permitted encumbrance pursuant to the provisions of Article VII of this Agreement. 1.1.17. "National Environmental Quality Act" means the federal law located at 42 U.S.C.SS4331 et seq., as amended. 1.1.18. "Net Proceeds" means any proceeds paid by an insurer to the Redeveloper or the . City under a policy or policies of insurance required to be provided and maintained by the Redeveloper pursuant to Article V of this Agreement and remaining after deducting all expenses (including fees and disbursements of counsel) in.curred in the collection of the proceeds. 1.1.19. "Parking Ramp Parcel" means that portion of the Redevelopment Property described in Schedule B-2. 1.1.20. "Parking Ramp" means a multilevel parking structure containing at least three hundred forty (340) parking spaces with approximately eleven thousand (11,000) square feet of retail space on ground level. 1.1.21. "Permitted Encumbrances" means the encumbrances described in Schedule E (')f this Agreement. 1.1.22. "Program" means the development program approved by the City in connection with the creation of the Development District, as it may be amended or modified. 1.1.23. "Redeveloper" means John E. Roettger and &r. Croix Builders, Inc. 4 . . ij/~:~' . . t 1.1.24. (Intentionally left blank). 1.1.25. "Redevelopment Property" means the real property described in Schedule A of this Agreement, consisting of the Housing Parcel in Schedule B-1 and the Parking Ramp Parcel described in Schedule B-2. 1.1.26. "Redevelopment Property Deed" means the Deed in Schedule B-1 and B-2 of this Agreement, used to convey the Redevelopment Property from the City to the Redeveloper. 1.1.27. "State" means the State of Minnesota. 1.1.28. "Unavoidable Delays" means delays which are the direct result of strikes, other labor troubles, fire, unreasonable weather, floods or other casualty to the Minimum Improvements litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. ARTICLE II REPRESENTATIONS AND WARRA.L"'JTIES: INTERPRETIVE RULE Section 2.1. Representations by the City. The City makes the following representations as the basis for the undertaking on its part herein contained: 2.1.1. The City is a charter city of the State with all the powers of a charter city duly organized and existing under the laws of the State. 2.1.2. The City has created, adopted and approved the Development District in accordance with the terms of the Act. 2.1.3. The City has acquired the Redevelopment Property in accordance with the Plan and will sell and convey the Redevelopment Property to the Redeveloper upon which the Redeveloper will construct the Minimum Improvements. 2.1.4. (reserved) Section 2.2. Representations and Warranties bv the Redeveloper. The Redeveloper represents and warrants that: 2.2.1. The Redeveloper will construct, operate and maintain the Minimum Improvements in accordance with the terms of this Agreement, and all local, state and federal laws and regulations including, but not limited to, environmental, zoning, building code and public health laws and regulations. 5 2.2.2. The Minimum Improvements will be maintained as an allowed use under the zoning ordinance of the City. . 2.2.3. At such time or times as will be required by law, the Redeveloper will have complied with all applicable local, state and federal environmental laws and regulations. ~ the date of exeeution. of this Agre:eme:fit, the Rcde-;dopcr ha3 reeeh'ed n.o notice Of communication. from a:ny loeal, state 5f federBl official that the octi-;ities of the Rcdc-.;cloper Of the City in the De .-doI'm-em Distriet niB:)' be or ......ill be in -iiolation. 5f any el'Yf1ronmefflttllaw or ,il<~: regulation.. ,As of the date of execution. of this Agreement, the RcdeYcl5per is Il'Na:re of ne focts the c:cistcnce 5f which eotl'lcl eat:l'3c the Redevclopnlent Property to be in violation. of any leeal, state or federal en-iuonmefflttllavi, regtllation. or review proeedl:l1'c or \vhid'l viowd give aft)' person. a valid claim under the Mififl:csotft Ln';i:romncmal Rights l..et. 2.2.4. Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any corporate restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which the Redeveloper is now a party or by which it is bound, or constitutes a default under any of the foregoing. 2.2.5. The Redeveloper agrees that it will indemnify, defend, and hold harmless the City, its governing body members, officers, employees, agents and contractors, from any and all claims or causes of action, of whatsoever nature, arising or purportedly arising out of the actions . of the Redeveloper, its officers, employees, agents or contractors in connection with this Agreement or the construction, installation, ownership or operation of the Minimum Improvements. 2.2.6. Contemporaneous with the execution of this Agreement, the Redeveloper win execute the Guaranty attached to this Agreement as Schedule F. ARTICLE III CONVEYANCE OF REDEVELOPMENT PROPERTY Section 3.1. Conveyance of Redevelopment Property. The City agrees that it will convey the Redevelopment Property to the Redeveloper pursuant to Article III of this Agreement if the following conditions are first satisfied with respect to the Minimum Improvements to be constructed thereon: (i) the Redeveloper is not then in default under this Agreement; (ii) the conditions set forth at Section 3.5 have been satisfied or waived in writing; 6 . . il~.:'\~-. . . Section 3.2. Time of Closing. 3.2.1. If no Event of Default has occurred (or if an Event of Default has occurred but has been cured), the City will execute and deliver to Redeveloper the Redevelopment Property Deed on the later of: ' (i) the conditions set forth in Section 3.5 have been satisfied; (ii) ~ 0 ..Lt' J 3 I J J q if 1 ; or (iii) on such other date as the City and the Redeveloper agree in writing. 3.2.2. Unless otherwise agreed by the City and the Redeveloper, the execution and delivery of all deeds and the payment of any purchase price will be made at the principal offices of the City. Section 3.3. Consideration. 3.3 .1. The price to be paid to the City by the Redeveloper in exchange for the Redevelopment Property Deed, at the time and date of closing, will be as follows: (i) for the Housing Parcel, at the rate of five thousand and nolIOO dollars ($5,000.00) per housing unit payable upon the sale of each housing unit; and (ii) for the Parking Ramp Parcel, one and nolI 00 dollars ($1.00) and other good an valuable consideration described in the agreement. Section 3.4. Title. 3.4.1. The City agrees that it will, on or before the date that the City delivers the Redevelopment Deeds, review the state of title to the property and take any action reasonably necessary to render title to the parcel marketable, except as described in S3.4.3 and ~3.4.4. 3.4.2. The City will voluntarily take no action to encumber title to any parcel of the Redevelopment Property between the date of this agreement and the date on which the Redevelopment Property Deeds for the parcel is executed by the City and delivered to the Redeveloper. 3.4.3. Notwithstanding S3.4.1. and S3.4.2., the City makes no warranty that either Redevelopment Parcel is free from hazardous substances. 3.4.4. The Housing Parcel is subject to an Indemnification and Access Agreement in 7 favor of Northern States Power Company and the City gives no assurances by this agreement that the Housing Parcel or the Parking Ramp Parcel are suitable or appropriate for any particular use. . It is the obligation of the Redeveloper to secure from NSP any modifications of the Access ".. Agreement or other release necessary to accommodate construction of the Minimum Improvements on the Housing Parcel. 3.4.5. The Redeveloper is aware that the Housing Parcel has been designated as Stillwater Gas Manufacturing Site #1 by the Environmental Protection Agency and has been . .,/':' enrolled in the Minnesota Pollution Control Agency (MPCA) V oluotary Investigation and Clean- Up (VIC) program and the Redeveloper assumes responsibility for seeking assurances that any proposed use is permissible under any remediation program or other regulations. 3.4.6. The Redeveloper is aware that both Redevelopment Parcels contain buried and other municipal utilities and the Redeveloper assumes responsibility for the cost of relocation of the utilities. These costs, however, are eligible expenses as defmed by the Minnesota Tax Increment Act. Section 3.5. Additional Conditions Precedent to City Actions. Without limiting any other provision of this Agreement, the City will not be obligated to deliver the Redevelopment Property Deed unless and until the following conditions have been satisfied with respect to the Redevelopment Property and the Minimum Improvements to be constructed thereon, all of which must be satisfied or waived in writing by &Lv ~ I I '1 G 1 . I . 3.5.1. The Redeveloper has funded mortgage financing sufficient for construction of the . Minimum Improvements as set forth in Article VII of this agreement, the disbursement of which is subject only to the conditions the City may approve; and 3.5.2. The City has approved an arrangement for disbursement of funds by the Redeveloper or its lender that will insure the performance of the Redeveloper's obligation to construct the Minimum Improvements and the payment of liens or claims related to the furnishing of labor or material furnished in connection with the construction on the Minimum Improvements. 3.5.3. The Redeveloper has submitted to the City executed binding construction contracts' that will prQvide for construction of the Minimum Improvements within the time frames specified for the construction in this Agreement. .' 3.5.4. The Redeveloper has submitted to the City in a form satisfactory to the City a Performance Bond, Letter of Credit or other third party guarantee arranging thttl for irrevocably pledged funds to complete the Minimum Improvements including in the event of the death or disability of the Redeveloper. 3.5.5. The Redeveloper has received a design permit and any conditional use pennits or 8 . . variances, subdivision approval and building permit as required by the Heritage Preservation Committee ("HPC"), the City Planning Commission, the Stillwater Community Development Director, the Building Official, the City Engineer, the Fire Chief and the City Council. Section 3.6. Limitation on City Financial Obligations. 3.6.1. In no event will the City be obligated to expend any more funds than the tax increment expressly described in this agreement"withtl1e~~E.!~~~gR.',~~:~~!f<:l'~-g~R~im~j ",.r." ~~~a'@~q!~~~~!E~~l'a!ti.!2cgt~~edeveloper,~~9~~~g~@I@!!~<:lH' . . Section 3.7. City Action Promised Prior to Convevance. 3.7.1. The City will take the following action in a timely manner prior to making the conveyance to the Redeveloper: (i) approve a subdivision of the property that will allow conveyance of the Housing and the Parking Ramp Parcels to the Redeveloper; and (ii) approval of a parking use agreement that will allow public parking at rates approved by the City and payable to th, City for at least seventy-six (76) parking spaces in the Parking Ramp. Section 3.8. The City's Promises and Covenants that will Survive the Closing. 3.8.1. The City covenants that the following actions will be taken and be continuing after the closing and during the term of this Agreement: (i) provide to the Redeveloper ninety percent (90%) of the available TaX Increment generated by the Minimum Improvements to be constructed by the redeveloper on the Parking Ramp Parcel 8I1d:gt~f-!ousingrarc~~, but not more available Tax Increment than can be paid by the City to Redeveloper for reimbursement of "eligible expenses" as defined by Minnesota Tax Increment Act; and (ii) provide, at no cost to the Redeveloper, the engineering assistance required for the relocation of any City municipal utilities that are now on or under the Redevelopment Property. Section 3.9. Redevelopers' Covenants that will Survive the Conveyance of the Redevelopment Property. 3.9.1. The Redevelopers promise the fo !lowing continuing actions that will survive the conveyance of the hotel property to the Redevelopers: 9 (i) approval of a Parking Use Agreement thatwill allow public parking at rates approved by the City and paj-abk to the City- for at least seventy-six (76) parking spaces in the parking ramp; . (ii) grant to the City any easements needed for municipal utilities and storm water drainage provided that the easements will not unreasonably interfere with the Housing and Parking Ramp use; (iii) pay to the City at the time of sale of each Housing Unit, Ofie thou3a:n.d a:n.d fiO/1 00 dollfrl'3 ($1,000.00) seven hundr~.c;J:.~enty:...fiY~@9-I:l6/!9g:q2!l~ ($725.99) for Park Dedication in lieu of the dedication of park land; .~I':- (iv) pay to the City for conveyance of the Housing Parcel the consideration described in g3.3.1. of the agreement; (v) reconvey to Marlin Eiklenborg a portion of the Housing Parcel adjacent to the Eiklenborg South property line upon which Eiklenborg is now encroaching; (vi) prepare a condominium of the parking ramp to be constructed on the Parking Parcel that will allow the floor level of public: p5:l'k:ing :P8t'~g ramp,e~(;lllSiveof retail space area to be conveyed in fee simple to the City at the termination of this agreement or the forfeiture of the level to . the City in the event of a default under this agreement, whichever occurs earlier. t;;Vll) ~,,:~;,;,,-; Execute a Restrictive Covenant restricting. the use ofthe"parkiIlg ramp exclusive: of the: retail space to be usedoI1lifor parIGrigfiot ptirpose;md " .....,:-.,.".,.,:,.,...::,........-..... ....,.. '.... '-' .,' ',,""-,_'"'' ..,'.....:,...:./,..,...-, .... :,.:-....._-.-..__:__............... ",;,:"...:.:.,.;:"" .,-.-..,..:.:.'_....:.,.._.....:__......__:...:.:_..___'_':'_';,_'_._,u furtherfor an option in the City and atit$discretion to,;requfrea conveyance, of the parking area of the Parking ParceHo the City at tlie . " . '. . . - ',- . - . ---...... .. . . .~:"" . . . -- .,';,': -.. . .:-.'.. " . -'-,' ..... : ',' . .~,. .." . .. . ........ .. termination of this agreement. The consideration for~:!l'!e conveyance:..~ the event it is required by the City, will:E>e: if periodiC'paymentto' tli~ Redeveloper of thirty percent (30%) ofthe"gross:pperatiirg.revenueS"~~~ the parking area of the Parking Parcel, with ,the Redeveloper to remafu '" . . '..,' .' . '. .. . ...' _ ." '-,'",:~ _, ,-""'-,.." .. "oN: ........ -'.' "', ..'-"_,;. _,,_''',,^,. responsible for operation and repair of the Parking Parcel and the City~o be responsible for capital expenses reasonably necessary for the contimted operation of the parking facility. (viii) Provide a design for the parking ramp that will allow the City, at its expense, to integrate the Parking Parcel with the future redeve10pmentof the Stillwater Armory Site. (ix) Relocate the buried municipal utilities described in g3.4.6. of this 10 . . ,I':' e' . agreement. (x) Provide to the City in a timely manner a schegule of;'eligible expenses~'. claimed for reimbursement under theTax IncremeIlfAct an4. any requireg proof of payment of these expenses. ARTICLE IV CONSTRUCTION OF MINIMUM IMPROVEMENTS Section 4.1. Construction of Minimum Improvements. The Redeveloper agrees that it will construct the Minimum Improvements on the Redevelopment Property in accordance with the approved Construction Plans and preserve and keep the Minimum Improvements or cause the Minimum Improvements to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition. Section 4.2. Construction Plans. Changes. 4.2.1. If the Redeveloper desires to make any change in the Construction Plans, the Redeveloper must submit the proposed change to the City for its approval. The request must be filed with the Community Development Director. Minor modifications may be approved by the Community Development Director. Any substantial modifications must be approved by the City Council and the committee or authority that granted the permit or approval. If the Construction Plans, as modified by the proposed change, conform to the requirements of this Agreement, the City, whether the Community Development Director, the Councilor any committee or authority, must approve the proposed change and notify the Redeveloper in writing of its approval. Section 4.3. Commencement and Completion of Construction. The Redeveloper must commence construction of the Minimum Improvements within seven (7) days after delivery of the Redevelopment Property Deed, or on the date the parties agree in writing. The Redeveloper must complete the construction of the Parking Ramp before January 1, 1999, and the Housing Units on the Housing Parcel before January 1,2000. All work with respect to the Minimum Improvements to be constructed or provided by the Redeveloper on the Redevelopment Property must be in conformity with the Construction Plans as submitted by the Redeveloper and approved by the City. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that the Redeveloper, and its successors and assigns, will promptly begin and diligently prosecute to completion the redevelopment of the Redevelopment Property through the construction of the Minimum Improvements thereon, and that the construction must in any event be commenced and completed within the period specified in this Section 4.3 of this Agreement subject to unavoidable delays. It is intended and agreed that these agreements and covenants will be II covenants running with the land and that they will, in any event, and without regard to technical classification or designation, legal or other..vise, and except only as otherwise specifically . provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the City and enforceable by the City against the Redeveloper and its successors and assigns. Until construction of the Minimum Improvements has been completed, the Redeveloper must make reports, in the detail and at the times reasonably requested by the City, as to the actual progress of the Redeveloper with respect to the construction. _lV~" Section 4.4. Certificate of Completion. 4.4.1. Promptly after completion of the Minimum Improvements in accordaD.ce with the Construction Plans the City will furnish the Redeveloper with an appropriate instrument so certifying. The certification by the City is a conclusive determination of satisfaction and termination of the agreement with respect to the obligations of the Redeveloper, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. The certification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of the Redeveloper to any Holder of a Mortgage, or any insurer of a Mortgage, securing money loaned to finance the Minimum Improvements, or any part thereof. 4.4.2. The certificate provided for in Section 4.4 of this Agreement must be in a form as \Vill enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Redevelopment Property. If the City refuses or fails to provide any le/ . certification in accordance with the provisions of Section 4.4 of this Agreement, the City must, \.\iithin thirty (30) days after written request by the Redeveloper, provide the Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement,?r is otherwise in default, and what measures or acts it will be necessary, in the opinion of the City, for the Redeveloper to take or perform in order to obtain such certification. 4.4.3. The construction will be deemed to be completed when it is substantially completed, as determined by the City in the exercise of its reasonable discretion, but not later than the date upon which a certificate of occupancy is issued. Section 4.5. Indemnity. The Redeveloper further agrees that it will indemnify, defend, and hold harmless the City, its officers, employees, contractors and agents, in connection with-- any liens or claims from persons or entities related to the furnishing of labor or materials in connection with construction of the Minimum Improvements. Section 4.6. Tax Increment Payments. Provided that the Minimum Improvements on the Parking Ramp Parcel are substantially completed before January 1, 1999, and the HousingParcel before January 1, 2000, the City agrees to pay in equal installments, during the following tv/dye ~ ten (10) years beginning on September 1, 200B2, and again on March 1,200+3, (the 12 . . 13 . "Scheduled Payment Dates") and each September 1 and March 1 thereafter for t\'(ehe: (12) ~e~ (10) years, a sum equal to the available tax increments generated by the Minimum Improvements on the Parking Ramp Parcel; the "Scheduled Payments." If the Minimum Improvements are not completed by January 1, 1999, angilanuary 1,2000, and the City grants an extension of the completion date to the Redevelopers, the dates for payment of available tax increments will begin September 1st of the first year taxes are payable resulting from the full assessment of the Nfinimum Improvements and continuing for twche (12) te1:lQQ) years thereafter. ,l,,(I,.. Each payment will be made by check or draft made payable to the Redeveloper and mailed to the Redeveloper c/o John E. Roettger, 9376 St. Croix Trail North, Stillwater, Minnesota 55082. The Redeveloper by notice to the City may designate different addresses to which the payments will be sent. The Scheduled Payments due on any Scheduled Payment Date are payable solely from and only to the extent that the City has received as of the Scheduled Payment Date Available Tax Increments, as defined in this Contract, received in the six months prior to a Scheduled Payment Date with respect to the Redevelopment property. This obligation is not payable from or will it constitute a charge upon any funds of the City, and the City will not be subject to any liability or be deemed to have obligated itself to pay from any funds except the Available Tax Increment, and then only to the extent and in the manner herein specified. . The Redeveloper will never have or be deemed to have the right to compel any exercise of any taxing power of the City. ARTICLE V INSURANCE Section 5.1. Insurance. 5.1.1. The Redeveloper will provide and maintain at all times during the process of constructing the Minimum Improvements and, from time to time at the request of the City, furnish the. City with proof of payment of premiums on: (i) Builder's Risk Insurance, written on the so-called "Builder's Risk-- Completed Value Basis," in an amount equal to one hundred percent (100%) of the insurable value of the Minimum Improvements at the date of completion, and with coverage available in nonreporting form on the so-called "all risk" form of policy. The interest of the City will be protected in accordance with a clause in form and content satisfactory to the City; Ill':." (ii) Comprehensive general liability insurance (including operations, contingent liability, operations of subcontractors, completed operations and contractual liability insurance) together with an Owner's Contractor's Policy with limits against bodily injury and property damage of not less than $1,000,000.00 for each occurrence (to accomplish the above-required limits, an umbrella excess liability policy may be used); and . (iii) Worker's compensation insurance, with statutory coverage. The policies of insurance required pursuant to clauses (i) and (ii) above must be in form and content satisfactory to the City and must be placed with financially sound and reputable insurers licensed to transact business in the State. The policy of insurance delivered pursuant to clause (i) above will contain an agreement of the insurer to give not less than thirty (30) days' advance written notice to the City in the event of cancellation of the policy or change affecting the coverage thereunder. 5.1.2. Upon completion of construction of the Minimum Improvements and prior to the Maturity Date of the Redevelopment Mortgage, the Redeveloper must maintain, or cause to be maintained, at its cost and expense, and from time to time at the request of the City must furnish proof of payment of premiums on, insurance as follows: (i) Insurance against loss and/or damage to the Minimum Improvements under a policy or policies covering the risks as are ordinarily insured against by similar businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, boiler explosion, water damage, demolition cost, debris removal, collapse and flood in an amount not less than the full insurable replacement vaJue of the Minimum Improvements, but any policy may have a deductible amount of not more than $25,000. No policy of insurance may be written so that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by the City. The term "full insurable replacement value" means the actual replacement cost of the Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other uninsurable items) and equipment, and will be determined from time to time at the " request of the City, but not more frequently than once every three years, by an insurance consultant or insurer, selected and paid for by the Redeveloper and approved by the City. All policies evidencing insurance required by this subparagraph (i) with respect to the Minimum Improvements must be carried in the names of the Redeveloper and the City as their respective interests may appear and must contain clauses which provide for Net Proceeds of insurance resulting from claims per . 14 . . d-(i/"" . . casualty thereunder to the Minimum Improvements to be made payable in accordance with the terms of any approved Mortgage, or if no Mortgage, in trust for the benefit of the Redeveloper and it as their intent may appear. The City and the Redeveloper must agree on the amount of settlement. (ii) Comprehensive general public liability insurance, including personal injury liability (with employee exclusion deleted), and automobile insurance, including owned, non-owned and hired automobiles, against liability for injuries to persons and/or property, in the minimum amount for each occurrence and for each year of $1 ,000,000.00, for public liability not arising from ownership or operation of automobiles (or other motor vehicles), and in the minimum amount of $600,000 for each occurrence and for each year for liability arising out of ownership or operation of automobiles (or other motor vehicles). (iii) Such other insurance, including worker's compensation insurance respecting all employees of the Redeveloper engaged in work with respect to the construction of the Minimum Improvements, in such amount as is customarily carried by like organizations engaged in like activities of comparable size and liability exposure; provided that the Redeveloper may be self-insured with respect to all or any part of its liability for worker's compensation. 5.1.3. All insurance required in Article V of this Agreement will be taken out and maintained in responsible insurance companies selected by the Redeveloper which are authorized under the laws of the State to assume the risks covered thereby. The Redeveloper will deposit annually with the City policies evidencing all such insurance, or a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Unless . otherwise provided in this Article V of this Agreement each policy must contain a provision that the insurer will not cancel nor modify it without giving written notice to the Redeveloper and the City at least thirty (30) days before the cancellation or modification becomes effective. Not less than fifteen (15) days prior to the expiration of any policy, the Redeveloper must furnish the City evidence satisfactory to the City that the policy has been renewed or replaced by another policy conforming to the provisions of this Article V of this Agreement, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, the Redeveloper may maintain a single policy, blanket or umbrella policies, or a combination thereof, having the coverage required herein, in which event the Redeveloper will deposit with the City a certificate or certificates of the respective insurers as to the amount of coverage in force upon the Minimum Improvements. 5.1.4. The Redeveloper agrees to notify the City immediately in the case of damage exceeding $25,000 in amount to, or destruction of, the Minimum Improvements or any portion thereofresulting from fire or other casualty. In the event that any such damage does not exceed 15 $25,000, the Redeveloper will forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as it existed prior to . the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage received by the Redeveloper to the payment or reimbursement of the costs thereof. In the event the Minimum Improvements or any portion thereof is destroyed by fire or .fl.c' other casualty and the damage or destruction is estimated to equal or exceed $25,000, then the Redeveloper must within one hundred and twenty (120) days after such damage or destruction, proceed forthwith to repair, reconstruct and restore the damaged Minimum Improvements substantially the same condition or utility value as it existed prior to the event causing such damage or destruction and, to the extent necessary to accomplish such repair, reconstruction and restoration, the Redeveloper will apply the Net Proceeds of any insurance relating to such damage or destruction received by the Redeveloper to the payment or reimbursement of the costs thereof. Any Net Proceeds remaining after completion of construction will be disbursed to the Redeveloper. 5.1.5. If the Redeveloper is in compliance with the terms this Agreement and then any Net Proceeds of insurance relating to the damage or destruction received by the City must be released from time to time by the City to the Redeveloper upon the receipt of: (1) A certificate of an authorized representative of the Redeveloper specifying the .,. expenditures made or to be made or the indebtedness incurred in connection with the repair, reconstruction and restoration and stating that the Net Proceeds, together with any other moneys legally available for the purpose, will be sufficient to complete the repair, construction and restoration. The Redeveloper must complete the repair, reconstruction and restoration of the Minimum Improvements, whether or not the Net Proceeds of insurance received by the Redeveloper for these purposes are sufficient. Any Net Proceeds remaining after completion of the repairs, construction and restoration must be remitted to the Redeveloper. ARTICLE VI REAL PROPERTY TAXES AND ASSESSMENTS Section 6.1. Real Property Taxes. 6.1.1. The Redeveloper must pay when due all real property taxes payable with respect to the Redevelopment Property including installments for special assessments payable therewith and thereafter. 16 . . ARTICLE VII FINANCING Section 7.1. Financing. 7.1.1. The Redeveloper must have submitted evidence of a commitment for financing and other security described in ~3.5.4 of the agreement that is deemed by the City to be sufficient :I f; for construction of the Minimum Improvements as required by this Agreement, before a conveyance of the Redevelopment property to the Redeveloper.. Section 7.2. Limitation Upon Encumbrance of Property. Prior to the completion of the Minimum Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Redevelopment Property upon which the Minimum Improvements are to be constructed or any part thereof will engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Redevelopment Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the parcel, except: (i) . for the purposes of obtaining funds only to the extent necessary for constructing and operating the Minimum Improvements (including, but not limited to, labor and materials, professional fees, real estate taxes, construction interest, organizational and other indirect costs of development, costs of constructing the Minimum Improvements, and an allowance for contingencies), and (ii) only upon the prior written approval of the City; and (iii) operating agreements. Section 7.3. Approval of Mortgage. The City will approve a permitted Mortgage if: (i) (ii) (iii) (iv) . the City first receives a copy of all mortgage documents; the City determines, in its sole discretion, that the mortgagee is a . responsible lender capable of and authorized to make the mortgage loan; the City determines that the mortgage loan, together with other funds available to the Redeveloper, will be sufficient to construct Minimum Improvements; the City determines that no Event of Default has occurred; and 17 (v) the City determines that the terms of the Mortgage conform to the terms of Article VII of this Agreement. The approval of the City will not be unreasonably withheld. . Section 7.4. Copv of Notice of Default to Mortgagee. Whenever the City delivers any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City will at the same time forward a copy of the notice or demand to each Holder of any Mortgage authorized by the Agreement at the last y~' address of the Holder shown in the records of the City. Section 7.5. Mortgagee's Option to Cure Defaults. After any breach or default, each Holder must (insofar as the rights of the City are concerned) have the right (but not the obligation), at its option, to cure or remedy the preach or default (or the breach or default to the extent that it relates to the part of the Redevelopment Property covered by its mortgage) and to add the cost thereof to the Mortgage debt and the lien of its Mortgage: Provided, That if the breach or default is with respect to construction of the Minimum Improvements, nothing contained in this Section or any other Section of this Agreement will be deemed to permit or authorize the Holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Minimum Improvements (beyond the extent necessary to conserve or protect Minimum Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Minimum Improvements on the Redevelopment Property or the part thereof to which the lien or title of the Holder relates. Any Holder who will properly complete the Minimum Improvements relating to the Redevelopment Property or applicable part thereof will be entitled, upon written request made to the City, to a certification by the City to such effect in the manner provided in Section 4.4 of this Agreement, and any such certification will, if so requested by the Holder, mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Redevelopment Property that the City will have or be entitled to because of failure of the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to cure or remedy any default with respect to the construction of the Minimum Improvements on other parts or parcels of the Redevelopment Property, or because of any other default in or breach of the Agreement by the Redeveloper or a successor, will not apply to the part or parcel of the Redevelopment Property to which such certification relates. . Section 7.6. City's Option to Cure Default on Mortgage. In the event that the Redeveloper is in default under any Mortgage authorized pursuant to this Article VII of this Agreement, the mortgagee, within ten (10) days after it or any of its agents or employees become a\-vare of any such default and prior to exercising any remedy available to it due to the default, must notify the City in writing of: (a) the fact of the default; (b) the elements of the default; and (c) the actions required to cure the default. If, within thirty (30) days after receipt of the notice, the City cures any monetary defaults under the Mortgage and commences the actions necessary to cure any other default (and cures the other default within six (6) months after receipt of the 18 . . .L~'" .. . . notice), then the mortgagee will pursue none of its remedies under the Mortgage based upon the default of the Redeveloper. In the event of a transfer of the title to the Redevelopment Property to the City, or a third party approved by the City, whether or not required to cure a default under the Mortgage, the transfer will not constitute an event of default under the Mortgage unless the security of the mortgagee has, in fact, been impaired by the transfer. In the event of the transfer (which does not impair the security of the mortgagee), the mortgagee must permit the transferee to assume all outstanding obligations (and receive all remaining disbursements) under the Mortgage and the loan secured by the Mortgage. The City will not approve any mortgage, pursuant to Article VII of this Agreement, which does not contain terms which conform to the terms of this Agreement. The City may modify any of the terms or requirements of this Agreement with the mortgagee of any Mortgage without the approval or consent of the Redeveloper after obtaining possession. Section 7.7. Modification for Benefit of Mortgages. In order to facilitate the Redeveloper's obtaining of financing for construction of the Minimum Improvements the City agrees that it will consider reasonable modifications of this Agreement if requested by a prospective lender and if the City, in its reasonable discretion, determines that the modification(s) will adequately protect the legitimate interests and security of the City in the Redevelopment Property and Minimum Improvements and under this Agreement. This provision may not be construed to compel or require the City to consent to any modification. ARTICLE VIII PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER Section 8.1. Representation as to Redevelopment. The Redeveloper represents and agrees that its purchase of the Redevelopment Property,.and its other undertakings pursuant ,to the Agreement, are, and will be used, for the purpose of redevelopment of the Redevelopment Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Redevelopment Property to the general welfare of the City; (b) the public aids that have been made available by the City for the purpose of making the redevelopment possible; and (c) the fact that any act or transaction involving or resulting in a significant change in the identity of the parties in control of the Redeveloper or the degree of their control is for practical purposes a transfer or disposition of the property then owned by the Redeveloper, the qualifications and identity of the Redeveloper are of particular concern to the City. The Redeveloper further recognizes that it is because of the qualifications' and identity that the City is entering into the Agreement with the Redeveloper, and, in doing so, is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertakings and covenants hereby by it to be performed. Section 8.2. Prohibition Against Transfer of Property and Assignment of Agreement. Also, for the foregoing reasons the Redeveloper represents and agrees that: 19 8.2.1. Except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Redevelopment Property, or any part thereof, to perform its obligations with respect to making the Minimum Improvements under the Agreement, and only if such fmancing has been approved by the City, the Redeveloper (except as so authorized) has not made or created, and will not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Redevelopment Property or any part thereof or any interest therein, or any promise or agreement to do any of the same, without the prior written approval of the City. TheiRr()hibiti9~li9l~t~v~ -,_' ~'r'""';',;"~,;,, . .,::..,..".,;:..."<'........>"",:.;.''-'.;.'<>..",.;.:.".c.,.,~,",."",_~,',..;,.<~,~"'> <!~DJ5I1i'm!~$i~e:.~:!!!~:g!~i,course ()fb~in~~gE..m91yj<!@.:!!g~illg;:Bm~smg$ l[2u@!~~i~Q!ll!5,:~~~),()5~~f~f2f.the. .retailispaces>()~,~~ig~~g~.~J>'~~~!~ f'll::~~" 8.2.2. The City will be entitled to require as conditions to any approval that: (i) any proposed transferee has the qualifications and financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Redevelopment Property, the obligations to the extent that they relate to that part); (ii) any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or relates to part of the Redevelopment Property, such obligations, _ conditions, and restrictions to the extent that they relate to that part) even if the Redeveloper agrees to continue to fulfill those obligations: Provided, That the fact that any transferee of, or any other successor in interest whatsoever to, the Redevelopment Property, or any part thereof, shall, for whatever the reason, not have assumed any obligations or so agreed, will not (unless and only to the extent otherwise specifically provided in the Agreement or agreed to in writing by the City) relieve or except such transferee or successor of or from said obligations, conditions, or restrictions, or deprive or limitthe City of or with respect to any rights or remedies or controls with respect to the Redevelopment Property or the construction of the Minimum Improvements; it being the intent of this, together with other provisions of the Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in the Agreement) no transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring, 20 . . . . r~"' .1 . . and whether voluntary or involuntary, will operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from the Agreement with respect to the Redevelopment Property and the construction of the Minimum Improvements that the City would have had, had there been no transfer or change; and (iii) there will be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval will be indicated to the Redeveloper in writing. In the absence of specific written agreement by the City to the contrary, no transfer or approval by the City thereof will be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement, or otherwise with respect to the construction of the Minimum Improvements, from any of its obligations with respect thereto. Section 8.3. A,pprovals. Any approval required to be given by the City under this Article VIII of this Agreement may be denied only in the event that the City reasonably determines that the ability of the Redeveloper to perform its obligations under this Agreement will be materially impaired by the action for which approval is sought. ARTICLE IX EVENTS OF DEFAULT Section 9.1. Events of Default Defined. The following are "Events of Default" under this .- Agreement and the term "Event of Default" means, whenever it is used in this Agreement (~ess the context otherwise provides), anyone or more of the following events: 9.1.1. Failure by the Redeveloper to pay when due or to provide when required any payments required to be paid or provided under this Agreement, including real estate taxes and installments of special assessments due and payable on the Redevelopment Property before they become delinquent. 9. L~. (Intentionally left blank.) .. 9.1.3. Failure by the Redeveloper to provide and maintain any insurance required to be provided and maintained by Section 5.1 of this Agreement or failure by the Redeveloper to reconstruct the Minimum Improvements when required pursuant to Section 5.1 of this Agreement. 9.1.4. Failure by the Redeveloper to satisfy all conditions precedent to City action by 21 9.1.5. Failure by the Redeveloper to commence and complete construction of the Minimum Improvements pursuant to the terms, conditions and limitations of Article IV of this . Agreement. 9.1.6. Failure by the Redeveloper to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed hereunder, including, but not limited to a violation of any condition of approval or any City approval required by 93.5.4. of this Agreement. .l~r:.. 9.1.7. The Holder of any Mortgage exercises any remedy provided by the Mortgage documents or exercises any remedy provided by law or equity in the event of a default in any of the terms or conditions of the Mortgage. 9.1.8. The Redeveloper makes any changes to the Construction Plans without approval of the Grantor of any permit or approval described in 93.5.4. of this Agreement. 9.1.9. The Redeveloper constructs Minimum Improvements that are different from the Minimum Improvements described in the approved Construction Plans. 9.1.10. The Redeveloper: (i) files any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any state or federal bankruptcy law; . (ii) makes an assignment for the benefit of its creditors; :: (iii) admits in writing its inability to pay its debts generally as they become due; or (iv) is adjudicated bankrupt or insolvent. Section 9.2. Remedies on Default. Whenever any Event of Default referred to in Section 9.1 of this Agreement occurs, the City may take anyone or more of the following actions: 9.2.1. Suspend its performance under the Agreement and refuse to deliver the Redevelopment Deed. 9.2.2. Terminate this Agreement. 9.2.3. Withhold the Certificate of Completion. 9.2.4. Subject to the rights of a Holder of a Mortgage, withhold the Net Proceeds from 22 . . the insurance policies provided to the City pursuant to Section 5.1 of this Agreement in accordance with the terms of the policies. 9.2.5. Take whatever action, including legal or administrative action, which may appear necessary or desirable to the City, including any actions to collect any payments due under this Agreement, or to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. .i~:" Section 9.3. Revesting Title in City Upon Happening of Event Subsequent. In the event that subsequent to the delivery of the Redevelopment Property Deed to the Redeveloper and priO! to !eceipt by the Redeveloper of the Certificate of Completion: . . The Redeveloper fails to begin construction of the Minimum Improvements in conformity with this Agreement by , or fails to substantially complete construction of the Minimum Improvements by on the Parking Ramp parcel before January 1, 1999, or the Housing Units of the Housing Parcel by or before January 1,2000. In addition to title in fee simple of the public parking area of the Parking Ramp Parcel as subdivided under the Condominium Act will revest in the City, by right of reverter upon termination of this agreement or upon the occurrence earlier of any event of default as described in this agreement Section 9.4. No Remedy Exclusive. No remedy conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each remedy is cumulative and is in addition to every other remedy given under this Agreement or now or _ hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or powe! accruing upon any default will impair any right or power or may be construed to be a waiver thereof, but any right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the City o! the Redeveloper to exercise any remedy reserved to it, it will not be necessary to give notice, other than the notice that may be required in this Article IX. Section 9.5. No Additional Waive! Implied bv One Waiver. In the event any agreemet;lt contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver will be limited to the particular b!each so waived and will not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 23 ARTICLE X ADDITIONAL PROVISIONS . .ir:.'" Section 1 0.1. Conflict of Interests: City Representatives Not Individually Liable. No member, official, or employee of the City will have any personal interest, direct or indirect, in the Agreement, nor will any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he is, directly or indirectly, interested. No member, official, or employee of the City will be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement, except in the case of willful misconduct. " Section 10.2. Equal Employment Opportunity. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Minimum Improvements provided for in the Agreement it will comply with all non-discrimination and affirmative action requirements applicable under any state, federal or local law, ordinance or regulation. Section 10.3. Provisions Merged With Deed. The provisions of this Agreement are intended to and will be merged with the Deed transferring any interest in the Redevelopment Property and the obligations of the Redeveloper will be appurtenant and will run with and bind the land. . Section 10.4. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and will be disregarded " in construing or interpreting any of its provisions. Section 10.5. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under the Agreement by either party to the other will be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper clo John E. Roettger, 9376 St. Croix Trail North, Stillwater, Minnesota 55082; and .' (ii) in the case of the City, is addressed to or delivered personally to the City at 216 North 4th Street, Stillwater, Minnesota 55082; or at another address with respect to either party as that party may, from time to time, designate in writing and forward to the other party as provided in this Section. 24 . . 11,1-('" . . Section 1 0.6. Counterparts. This Agreement is executed in any number of counterparts, each of which will constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. STATE OF MINNESOTA COUNTY OF WASHINGTON ) ) ss. ) THE CITY OF STILLWATER, MINNESOTA By Jay L. Kimble, Its Mayor By Morli Weldon, Its City Clerk REDEVELOPER: John E. Roettger On this _ day of , 1997, before me, a Notary Public within and for said County, appeared Jay L. Kimble, and Morli Weldon, to me personally known who, being duly swo~ did say that they are the Mayor and City Clerk named in the foregoing instrument and that this instrument was signed as the free act and deed of the City of Stillwater, Minnesota, a Minnesota Municipal corporation. Notary Public 25 STATE OF MINNESOTA . ) ) ss. ) COUNTY OF WASHINGTON On this _ day of , 1997, before me, a Notary Public within and for said County, appeared John E. Roettger, to me personally known who, being duly sworn, did say that he is the individual named in the foregoing instrument and that this instrument was signed as the .,1">:' free act and deed. Notary Public This instrument was drafted by: David T. Magnuson Magnuson Law Firm 333 North Main Street, #202 P.O. Box 438 Stillwater, MN 55082 612-439-9464 ::: .- " 26 . . . . ,f..> ./ ,.. . . SCHEDULE A HOUSING PARCEL All that part of Lots One (1), Two (2), Six (6), and Seven (7) in Block Thirty-five (35) of the original town (now city of Stillwater as follo\vs): Commencing at the Northeast corner of Block 35; thence South along the East Line of said Lots One (1) and Six (6), One Hundred Feet (100') to the place of beginning; thence West parallel to the North line of said Lots One (1) and Two (2) to the East line of Lot Three (3); thence South along East line of Lot Three (3) to the North line of Lot Six (6); thence West along the North line of Lot Six (6) to a point which is One Hundred Twenty Feet (120') East of the East line of Third Street, thence South parallel with the East line of Third Street Eight-five feet (85'); thence West at a right angle to the East line of Third Street; tb,ence South along East line of Third Street One Hundred fifty feet (ISO'); thence East at a right angle One Hundred fifty feet (150') to the intersection with the West line of Lot Seven 7) if extended Northerly; thence South along said eXtended line and the West line of Lot Seven (7) Fifty Feet (50'); thence East at right angles with Third Street One hundred fifty feet (150') to the West line of Second Street; thence North along the West line of Second Street, to the place of beginning. and All the part of Lot numbered Six (6) in Block numbered thirty-five (35) of the Original Town (now City) of Stillwater, described as follows: Beginning at a point on the east line of South Third Street, eighty-five (85) feet south of the no~west comer of said Lot Six (6), thence e~t at right angles to South Third Street, Fifty (50) feet, thence south on a line parallel with South Third Street one hundred 'and fifty (150) feet, thence west at right angles to South Third Street a distance of fifty (50) feet to the east line of South Third Street, thence north along the said east line of South Third Street one hundred and fifty (150) feet to the place of beginning. PARKING R.AJ.v!P PARCEL (Legal to be provided) ~ SCHEDULE B-1 HOUSING PARCEL DEED . THIS INDENTURE, between The City of Stillwater, Minnesota a Minnesota Municipal Corporation (the "Grantor"), and John E. Roettger (the "Grantee"). I~;: , . WITNESSETH, that Grantor, in consideration of the sum of one dollar ($1.00) the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Washington and State of Minnesota described as follows, to-wit (such tract or parcel of land is hereinafter referred to as the "Property"), as described on the attached Exhibit" A". To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging to the said Grantee, its successors and assigns, forever, Provided: SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions of an agreement entered into between the Grantor and Grantee effective on the _ day of , 1997, identified as "Contract for Private Redevelopment" (hereinafter referred to as the "Agreement") and that the Grantee shall not convey this Property, . or any part thereof, without the consent of the Grantor until a certificate of completion releasing the Grantee from certain obligations of the Agreement as to this Property or any part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed and for erecting improvements therein in conformity with the Agreement, 'any applicable redevelopment plan and applicable provisions of the zoning ordinance-of the City of Stillwater, Minnesota. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the construction of the improvements thereon, as provided in the Agreement. Promptly after completion of the improvements in accordance with the provisions of the Agreement~' the Grantor will furnish the Grantee with an appropriate instrument so certifying. " The certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof. The certification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer or a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the improvements, or any part thereof. B 1-1 . . ",~,.-. it..... . . All certifications provided for herein will be in a form that will enable it to be recorded with the County Recorder, or Washington County, Minnesota. If the Grantor shall refuse or fail to provide any certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. In the event the Grantee herein shall, prior to the recording of the certificate of completion hereinabove referred to: (a) Fail to being construction of the Minimum Improvements (as defIDed in the Agreement) in conformity with the Agreement and such failure is not cured within ninety (90) days after written notice from the Grantor to the Grantee to do so; or (b) Fail to carry out its obligations with respect to the construction of the Minimum Improvements (as defined in the Agreement), or shall abandon or substantially suspend construction work, and any failure, abandonment or suspension shall not be cured, ended or remedied within ninety (90) days after written demand from the Grantor to the Grantee to do so; or then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest, but only if the events stated in Section 2(a) and 2(b) have not been cured within the time periods provided above. SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and its successors and assigns shall: (a) Devote the Property to, and only to and in accordance with the uses specified in any applicable redevelopment plan as amended and extended and only for hotd, re.staurant Wid meeting room purpo.se3 housing; (b) Not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof; (c) Not cause the Property to be removed from the public tax rolls or to 81-2 ~ become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action; (d) Not apply for or seek through administrative or judicial proceedings a reduction in real property taxes but only if such reduction would reduce taxes to an amount set forth in The Assessment Agreement. . (e) Comply with the provisions of Article V and VI of the Agreement relating to insurance coverage, and the payment of real property taxes. . tl~~;~ It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. SECTION 4. This Deed is also given subject to: (a) Covenants, conditions and restrictions contained in the plan for the Municipal Development District Number 7, as amended as of the date of this Agreement. . (b) Provision of the ordinances, building and zoning laws of the City of Stillwater, state and feder~ laws and regulations in so far as they affect this real estate. (c) Taxes payable subsequent to the date of this conveyance. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its and and has caused its corporate seal to be affixed this _ day of , 1997. THE CITY OF STILLWATER, MINNESOTA By Its By Its Bl-3 . . ,r:d',,~" . . STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1997, before me, a notary public within and for Washington County, personally appeared , and to me personally known who by me duly sworn, did say that they are the and of the City of Stillwater (the "City") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its Council; and said and acknowledged said instrument to be the free act and deed of said City. Notary Public This instrument was drafted by: MAGNUSON LA W FIRM David T. Magnuson, #66400 333 North Main Street Suite 202 P.O. Box 438 Stillwater, Minnesota 55082 612/439-9464 -- Bl-4 SCHEDULE B-2 PARKING RAMP PARCEL DEED . THIS INDENTURE, between The City of Stillwater, Minnesota a Minnesota Municipal Corporation (the "Grantor"), and John E. Roettger (the "Grantee"). WITNESSETH, that Grantor, in consideration of the sum of one dollar ($1.00) the receipt ,r";; whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Washington and State of Minnesota described as follows, to-wit (such tract or parcel of land is hereinafter referred to as the "Property"), as described on the attached Exhibit "A". To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging to the said Grantee, its successors and assigns, forever, Provided: SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions of an agreement entered into between the Grantor and Grantee effective on the _ day of , 1997, identified as "Contract for Private Redevelopment" (hereinafter referred to as the "Agreement") and that the Grantee shall not convey this Property, or any part thereof, without the consent of the Grantor until a certificate of completion releasing the Grantee from certain obligations of the Agreement as to this Property or any part thereof then ." to be conveyed, has been placed of record. This'provision, however, shall in no way preve~ the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed and for erecting improvements therein in conformity with the Agreement, any applicable redevelopment plan and applicable provisions of the zoning ordinance of the City of Stillwater, Minnesota. . It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the construction of the improvements thereon, as provided in the Agreement. " Promptly after completion of the improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. The certification by the Grantor shall be (and it shall be so provided in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the improvements and the dates for the beginning and completion thereof. The certification and the determination will not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer or a B2-1 . mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the . Property hereby conveyed or the improvements, or any part thereof. All certifications provided for herein will be in a form that will enable it to be recorded with the County Recorder, or Washington County, Minnesota. If the Grantor shall refuse or fail to provide any certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee .I"" with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. In the event the Grantee herein shall, prior to the recording of the certificate of completion hereinabove referred to: (a) Fail to being construction of the Minimum Improvements (as defined in the Agreement) in conformity with the Agreement and such failure is not cured within ninety (90) days after written notice from the Grantor to the Grantee to do so; or . (b) Fail to carry out its obligations with respect to the construction of the Minimum Improvements (as defmed in the Agreement), or shall abandon or substantially suspend construction work, and any failure, abandonment _ or suspension shall not bee cured, ended or remedied within ninety (90) days after written demand from the Grantor to the Grantee to do so; or then the Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in the Grantor the estate conveyed by this Deed to the Grantee, its assigns or successors in interest, but only if the events stated in Section 2(a) and 2(b) have not been cured within the time periods provided above. In addition the Grantor shall have the right to reenter and take possession of the pttbl:ie parking area ()ftheParking Parcel to be constructed and subdivided under the Minnesota Condominium Act upon termination of this agreement or an earlier default of the Redeveloper as described in the Redevelopment Agreement, or a reconveyance of the parking area, ifrequireciby the City pursuantto ~ 3.9 .1. (vii) of the Redevelopment Agreement. . 82-2 SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and its successors and assigns shall: (a) Devote the Property to, and only to and in accordance with the uses specified in any applicable redevelopment plan as amended and extended and only for hotd, rC3UturMlt and meeting room p~~g~~~f~P!Lf()~~ Jevelthat;IIiay,be\lSedfor retail purposes; .""",',', ,"N""'_,.,,,,, "......-, -",~,"..."'<-"'''''''_''.. :.<,...,.,.,.,co.:..,..<.....;_...."'< ....__ -",.,'. ..:,- ,,'''.. .___.....~, . g:: (b) Not discriminate on the basis of race, color, creed, national origin, or sex in the sale, lease, rental, or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof; (c) Not cause the Property to be removed from the public tax rolls or to become exempt from assessment for general real estate taxes by reason of any conveyance, lease, abatement, or other action; (d) Not apply for or seek through administrative or judicial proceedings a reduction in real property taxes but only if such reduction would reduce taxes to an amount set forth in The Assessment Agreement. (e) Comply with the provisions of Article V and VI of the Agreement relating to insurance coverage, and the payment of real property taxes. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land, and that they shall, in any event, and without regard to tec~cal classification or designation, legal or otherwise, and except only as otherwise specifically - provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. SECTION 4. This Deed is also given subject to: (a) Covenants, conditions and restrictions contained in the plan for the Municipal Development District Number 7, as amended as of the date of this Agreement. (b) Provision of the ordinances, building and zoning laws of the City of Stillwater, state and federal laws and regulations in so far as they affect B2-3 . . . . I"'(~' . . this real estate. (c) Taxes payable subsequent to the date of this conveyance. IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its and and has caused its corporate seal to be affixed this day of , 1997. THE CITY OF STILLWATER, MINNESOTA By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this day of , 1997, before me, a notary public within and for Washington County, personally appeared , and to me personally known who by me duly sworn, did say that they are the and of the City of Stillwater (the "City") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said City; that said instrument was signed and sealed on behalf of said City pursuant to a resolution of its Council; and said and acknowledged said instrument to be the free act and deed of said City. This instrument was drafted by: Notary Public MAGNUSON LAW FIRM David T. Magnuson, #66400 333 North Main Street Suite 202 P.O. Box 438 Stillwater, Minnesota 55082 612/439-9464 B2-4 SCHEDuLE "C" . ASSESS.MENT AGREEMENT AL'ID .,,~:" ASSESSOR'S CERTIFICATE BETWEEN THE CITY OF STILL WATER, NITNNESOT A A.ND JOHN E. ROETIGER AL"4TI COUNTY ASSESSOR OF THE COUNTY OF WASHINGTON . Drafted by: .' David T. Magnuson, #66400 iVIA.GNUSON LAW FIR.1v! 333 North Main Street Suite 202 P.O. Box 438 Stillwater, MN 55082 612/439-9464 . . . r :-c. rr~~'" . . ASSESSMENT AGREEMENT THIS AGREEMENT, made on or as of the day of , 1997, bet\.veen The City of Stillwater, Minnesota, a municipal corporation (the "City"), John E. Roettger (the "Redeveloper"), and the County Assessor of the County of Washington (the " Assessor"). V11TNESSETH, that V1'HEREAS, on or before the date hereof, the City and Redeveloper have entered into a Contract for Private Redevelopment for the real property located in the City of Stillwater, hereinafter referred to as the "Redevelopment Property" and legally described in Schedule "A"; and WHEREAS, it is contemplated that pursuant to the Redevelopment Contract the Redeveloper will construct a parking ramp and retail center upon the Redevelopment Property (the "Nfinimum Improvements"); and WHEREAS, the City and Redeveloper desire to establish a minimum. market value for Redevelopment Property and the Minimum Improvements to be constructed thereon, pursuant to Nllnnesota Statutes, Section 469.177, Subdivision 8; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the Minimum. Improvements which it is contemplated will be erected; NOW THEREFORE, the parties to this ~greement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. Upon substantial completion of construction of the above-referenced Minimum Improvements by the Redeveloper, as evidenced by the delivery to the Redeveloper from the City of the Certificate of Completion (as defined in the Redevelopment Contract), the minimum market value which shall be assessed for the Redevelopment Property described in Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax Schedule A, with the Minimum Improvements constructed thereon, for ad valorem tax purposes, shall.. be . The parties to this Agreement expect that the construction of the Minimum Improvements ""ill be substantially completed before January 1, 1999, 2. The minimum market value shall be of no further force and effect and this Agreement shall terminate on the date when the Redevelopment Contract either expires or terminates. C-1 3. This Agreement, with the Redevelopment Contract, shall be promptly recorded by the Redeveloper with a copy of Minnesota Statutes, Section 469.177, Subdivision 8, set forth in Schedule B hereto. The Redeveloper must pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to be construed as modifying the terms of the Redevelopment eontract between the City and the Redeveloper. .1 t11';: 5. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. THE CITY OF STILLWATER, MINNESOTA By: Jay L. Kimble, Its Mayor By: Modi Weldon, Its Clerk REDEVELOPER: John E. Roettger C-2 . . . . .. '. ~~./ .P, . . STATE OF MINNESOTA ) ) ss. COTJr-.lY OF WASHINGTON) On this _ day of , 1997, before me, a Notary Public within and for said County, personally appeared Jay L. Kimble and ~Jorli Weldon, to me personally known, who, being by me duly sworn, did say that they are the Nfayor and City Clerk of the City of Stilhvater, that said instrument was signed on behalf of said City by authority of its Council; and said Nfayor and City Clerk acknowledged said instrument to be the free act and deed of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _ day of , 1997, a Notary Public within and for said County, personally appeared John E. Roettger, to me personally known, who, being du1y sworn, did say that he is the Redeveloper, that the instrument was signed on behalf of the Redeveloper and the President acknowledged the instrument to be the free act and deed of the Redeveloper. Notary Public CERTIFICATION BY COUNTY ASSESSOR The Undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed, and being of the opinion that the minimwn market value contained in the foregoing Agreement appears reasonably, hereby certified as follows: The undersigned Assessor, being legally responsible for the assessment of the property described in Schedule "A", hereby certifies that the market value assigned to such land and improvements upon completion of the improvements to be constructed thereon shall not be less than until termination of this Agreement. County Assessor, Washington County C-3 .lii"':" STATE OF MINNESOTA ) ) SS. COill-llY OF WASHINGTON) The foregoing instrument was acknowledged before me this _ day of , 1997, by , County Assessor of the County ofWasbington. Notary Public . ., C-4 . . . . . ,j"':'"' . . SCHEDULE D CERTIFICA IE OF COMPLETION AND RELEASE OF FORFEITIJRE WHEREAS, The City of Stillwater, Minnesota (the "Grantor"), by a Deed recorded in the Office of the County Recorder or the Registrar of Deeds in and for the County of Washington and State of Minnesota, as Deed Document Number(s) has conveyed to John E. Roettger (the "Grantee"), the follovring described land in the County of Washington and State of ~linnesota, to-wit: LEGAL DESCRIPTION and WHEREAS, the Contract For Private Redevelopment as approved the Grantor, on (Redevelopment Contract) contained certain covenants and restrictions, the breach of which by Grantee, its successors and assigns, would result in a forfeiture and right of re-entry by Grantor, its successors and assigns, the covenants and restrictions being set forth in Sections 9.3 and 9.3.1 of the Redevelopment Contract. WHEREAS, the Grantee has performed the covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW THEREFORE, this is to cenify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Redevelopmen~~Contract have been performed by the Grantee therein and that the provisions for forfeiture of title and right to re-entry for breach of condition subsequent by the Grantor therein is hereby released absolutely and forever insofar as it applies to the land described herein, and the County Recorder in and for the County of Washington and S tate of Minnesota is hereby authorized to accept for recording and to record, the filing of this lnst:rum.ent, to be a conclusive determination of the satisfactory termination of the covenants and conditions of the contract referred to in the Deed, the breach of which would result in a forfeiture and right of re-entry, but other covenants created by Section 3 of the Deed shall remain in full force and effect as well as the right of reventer to the Parking Ramp Parcel Right of Reventer described in' Section 2 of the Parking Ramp Parcel Deed. Dated: THE CITY OF STILL WATER, r.UNNESOT A By Its By Its 0-[ SCHEDULE E A first mortgage, subject to the terms of this Redevelopment Agreement. ;~~.-;' . . .' ..' . . . .. PROPERTY PROPOSED FOR SALE BY THE CITY OF STILLWATER As described by Ordinance 789, the City of Stillwater is required to provide official notice and description of certain lands that it intends to sell. The below described site is proposed to be sold by the City on or after December 1 st, 1997. Property proposed for sale: The property is located on the east side of North Third Street directly south of the residence at 315 South Third. The property is 50 feet deep and 150 feet wide (along Third Street) and contains 7,500 square feet of area. The property is treed and generally steeply sloping from Third Street to the east. The land would be transferred to John E. Roettger (a portion) and Marlin Eiklenborg (a portion) for integration and use associated with a Housing Redevelopment Project being undertaken pursuant to the Municipal Redevelopment Act. Publish: Stillwater Gazette - October 31 November 7 Novemoer 14 NovemBer 21 . . . \. CITY OF STILLWATER MEMO October 13, 1997 To: Mayor and City Council From: Shawn Sanders Civil Engineer ~~ . Re: 2009 Lake Street Water Extension DISCUSSION: At the September 16, Council Meeting, the Engineering Department was directed by City Council to examine the cost to install water service to the property of Lawrence Rumpf of2009 Lake Street. Mr. Rumpfhas lived at this residence for 77 years and has received his drinking water from an onsite well. Recently, it has been determined that water from his well is unsafe to drink and water must be brought in from an outside source to have drinkable water. Mr. Rumpf has asked the City to look into installing a water line to his property (see attached letter). Currently, City water extends into the Lakeside Area of Stillwater. The neighborhood is served with a six inch water main that dead ends with a hydrant at the property line of 122 and 124 Lakeside Drive. This point is located approximately 230 feet south of the Mr. Rumpf s property and provides the closest access point to serve his property. The six inch line would be extended along Lake Drive, in the center of the right-of-way, approximately 480 feet to the intersection of East Alder Street. Cost for this segment of water main would be approximately $46,000.00 and includes engineering, construction, administration and contingencies. The installation of a 2" copper service from the hydrant was ruled out as a possible extension to his property. This extension would be over 200' and without hydrants the system would not be able be to be flushed out and the water would become stagnant. COST RECOVERY: There are three lots on Lake Street that would benefit from the installation of the water main. Two of the lots have homes located on them with Mr. Rumpf having two homes located on his lot, while the third lot is vacant. I have come up with two possibilities for cost recovery for the extension of the water main along Lake Street: 1.) Divide the cost equally between the property owners who \\'ould benefit from the installation of the water main. This cost comes to approximately $15,333.00 per lot. 2.) Charge the residents per lineal foot of water main frontage. There is 257.67 feet of frontage along Lakeside Drive, this would amount to cost of $178.53 per lineal foot Address 2009 Lake Street 2015 Lake Street 2021 Lake Street Length of Property 145 feet 55.67 feet 57 feet Cost $25,887 $9,939 $10,1 76 RECOMMENDATION: This report describes the project and the costs to install a six inch water main down Lake Street. The cost to each property owner no matter which option is chosen seems excessive making the project unfeasible to the property owner. Council may want to look at different ways to fund a portion of the project to assist in lowering the cost to the affected property O\\TIers. ACTION REQUIRED: Council should decide if they want to proceed with the project and possibly look at different ways to fund a portion of the project. J/ . . . .... / I I ,~ 172 +,- ;= 176.6 +,- i>s 147,6 A o "" N. 0' '" b' '1, 146.6 160 o ... Ae,.: r-' , ' o '" o ..., " 145 70 ..., EAST P;LDER ST ~nn_-;-,;; - n~un___u_'~'- ,,,u_ u--M-'~ ' ~ : ----'-:".. "" 6 -----1-----&--- mn... u._ . PROPOSED WATERMAIN · ---d 5 .C- ~ ~ ~ 1 - 1 I .. .... '" ~ "' '" n N .... .... - - -4--------3 n n o o n n o o 15J 158 a to $-18 --I' c '" HAZEL ST 6 1 '" '" .... eo 20 150 -,- S c > .... oo. .... eo 8W I g> - 130+'- (( I 3 (\ 1160 i50.0 10 20 20 i 8 ,g 11 8 Q EXISlING WATERMAIN - 136,0 150.0 9 8 g 12 8W 8 > : 10/97 r- e o '" 30,01 o o n 2015 VACANT 2 3 2009 ~// . I ,,-. "', -;:i C),i <0, B R2:\V it:. I W ~",":'J,' / Vicinity Map J .~;2;;~-. T . o 100 Scale In Feet LAKE STREET WATERMAIN EXTENSION ~ /5; /9 Y7' cAoo 9 ~~)7- J ~1 ~k~) .~ ~, /:7l.u a ~~"U- fr.7l ~ ~~ cL~~ 'L9-> 77 ~~ ' LlJ.c.J-<,~ ~ ~ ~ ~ , "--~ ~ ~.~ ~;;to~ ,a+ ~ ~ ~ r: ~ ~ o-t~::tr l~u-ML ~ '~~Jd- ~~ C0Z- ~ ~ ) 1f~tL~) ;,~~ ~ ~YJU r . (f~ ~cL.~0 ~. 'C~ib-;;~~~ ;6-~ ~ ref- ' '. ;;r~ (j 0 \j j) (J - ' -4-7.~ ' ~ ~<--t --1J--U'..Y' ~ ~1 ~ . . I, ~~ ~r ~~'T/~ r Yt~ ' ~ . '~~4...' 10' ~/~ ~ A ~~FY , 11-~~r-~~. h<-R.~~." ~ , ' -YA J () ~ ~ ~ (J , _I , --- \h~'J-.--' . au;t:1'- L-u ..- ~~LC ~* . DAVID T. MAGNUSON RICHARD D. ALLEN It MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN . THE DESCH OFFICE BUILDING 333 NORTH MAIN STREET. SUITE #202 . P,O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464. TELECOPIER: (612) 439-5641 MEMORANDUM TO: Mayor, City Council and Staff FROM: David T. Magnuson, Stillwater City Attorney ~ V DATE: October 24, 1997 SUBJECT: Second Reading of Tower Ordinance . A second reading of the Tower Ordinance scheduled for the regular meeting was tabled so that staff would have an opportunity to review comments by lawyers from the tower industry who were concerned that the proposed ordinance was overly restrictive. We have made several changes to the Ordinance in response to their suggestions, however, the area requirements and setback limitations have not been changed. A review of the procedure involved in the adopting of the Ordinance shows that lawyers for APT, AirTouch Cellular, US West Communications, AT&T Wireless Services, Sprint PCS and Nexell all participated fully and voiced the same concerns expressed to the Council to the Planning Commission. In other words, the Planning Commission when approving the latest draft of the Ordinance, was fully cognizant of the objections from the industry. In summary, staff is satisfied that the Ordinance is not unduly restrictive nor does it prohibit or place an undue burden on the wireless industry. Further, I am of the view that the Ordinance would pass muster under the 1966 Telecommunications Act and we would recommend, therefore, adoption of the Ordinance. DTM/ds e ~ ORDINANCE NO. . AN ORDINANCE OF THE CITY OF STILLWATER AMENDING THE CITY ZONING ORDINANCE REGULATING COMMERCIAL USE TOWERS AND ANTENNAS The City Council of the City of Stillwater does ordain: 1. Amending. The Stillwater City Code Chapter 31, Zoning, is amended to adopt a new Section 31-4 that will hereafter read as follows: "Subd. 1. Purpose. In order to accommodate the communication needs of residents and business while protecting the public health, safety, general welfare and aesthetics of the community, the Council finds that these regulations are necessary in order to: a. Facilitate the provision of wireless telecommunication services to the residents and businesses of the City; b. Minimize adverse visual effects of towers and antennas through setting design standards; c. Avoid potential damage to adjacent properties from tower failure through structural standards, lot size requirements and setback requirements; and d. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. . Subd. 2. Definitions. a. Antenna. Any structure or device used for the purpose of collecting or radiating electromagnetic waves including, but not limited to, directional antennas, such as panels, microwave dishes and satellite dishes and omni- directional antennas, such as whips. b. Personal Wireless Communication Services (PWCS). Licensed commercial wireless communication services including cellular, personal communication services (PCS), enhanced specialized mobilized radio (ESMR), paging and similar services. c. Public Utility. Persons, corporations or governments supplying gas, electric, transportation, water, sewer, cable or land line or wireless telephone service to the general public. d. Tower. Any pole, spire, structure or combination thereof, including support lines, cables, wires, braces and masts intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade. I e , Subd.3. Location Preferences for Antenna and Towers. a. Water towers. b. Collocations on existing telecommunications towers. c. Sides and roofs of buildings over two (2) stories. d. Existing power or telephone poles. e. Government and utility sites. f. School sites. g. Golf courses or public parks when compatible with the nature of the park or course. h. Regional transportation corridors. . Subd. 4. Antenna and Towers in Residential Districts (RA. RB. RCM. RCH). Any person, firm or corporation erecting a tower or antenna in a residential district must obtain a conditional use permit and meet the following requirements: . a. Communication antennas, subject to the following conditions: 1. Satellite dishes for television receiving only are subject to the accessory structure requirements for residential districts. 2. All antennas must be designed and situated to be visually unobtrusive, screened as appropriate, not be multi-colored and may contain no signage, including logos, except as required by the equipment manufactures or city, state or federal regulations. 3. An antenna placed on a primary structure may be no taller than fifteen (15) feet above the primary structure. Any accessory equipment or structures must be compatible with the design and materials of the primary structure and not visible from a public street. 4. Mono poles only are allowed in residential districts. 5. Minimum land area for free standing mono poles site in residential districts is one (1) acre. 6. A tower and any antenna combined may be no more than seventy- five (75) feet in height, 7. A tower may not be located within one hundred (100) feet of any existing or planned residential structure. 8. A tower must be setback from a property ~I;~~! line a minimum of the height of the tower and any antenna; and towers or antennas may be sited in preferred locations as listed in Subdivision 3 subject to design permit approval. Subd. 5 Stillwater West Business Park Districts - Business Park Commercial. Business Park Office. Business Park Industrial (BP-C. BP-D and BP-I). Any person, firm or corporation erecting a tower or antenna in the Stillwater West Business park shall require a Conditional Use Permit and meet the following requirements below: a. Exception. Communication antennas attached to an existing structure or in . 2 ~ b. preferred location which are no higher than fifteen (15) feet above the primary structure and are allowed as permitted use. Communication towers and antennas are subject to the following conditions: 1. A tower and antenna may be no more than seventy-five (75) feet in height, one hundred (100) feet if co-located. 2. A tower may not be located within three hundred (300) feet of ftfiY rcsidcmial zOfiing district . 3. A tower may be located no closer to a street property line than a distance equal to the height of the tower plus ten (10) feet. 4. Minimum lot size is .5 acre for a primary tower use. 5. Towers may be located no closer than 'l2 mile to closest tower or other collocation PWCS transmitting facility. 6. If a tower is erected on a site with an existing primary structure, the site must have a space of one thousand two hundred square feet set aside exclusively for tower use. The tower may not be located in the front or corner side yard setback area of the primary structure but to the rear of the site. Subd. 6. Central Business District (CBD) and Professional Administrative (P A) Districts. Any person, firm or corporation erecting an antenna in central business and professional administrative districts shall meet the following requirements: a. Towers are not allowed in the CBD and PA districts . b. Antennas are allowed subject to design review. The purpose of design review is to protect the historic integrity, natural setting and character of downtown and its historic buildings and the national register historic district. c. All support service equipment must be enclosed within an existing building or located and screened so as to be hidden from public view from the street or above. Subd. 7. Bluffland/Shoreland District. a. No communication antenna or communication tower may be located in the "- bluffland/shoreland, shoreland or flood plain districts. Subd. 8. Performance Standards. a. Co-location Requirements. All personal wireless communication towers erected, constructed, or located within the City must comply with the following requirements: 1. A proposal for a new personal wireless communication service tower may not be approved unless it can be documented by the applicant that the communications equipment planned for the 3 . , . . . 2. proposed tower cannot be accommodated on an existing or approved tower or building within ~ mile radius of the proposed tower due to one or more of the following reasons: A. The planned equipment would cause interference with other existing or planned equipment at the tower or building as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost. B. No existing or approved towers or commercial/industrial buildings within a ~ mile radius meet the radio frequency (RF) design criteria. C. Existing or approved towers and commerciallindustrial buildings within a ~ mile radius cannot accommodate the planned equipment at height necessary to function reasonably as documented by a qualified and professional radio frequency (RF) engineer. D. The applicant must demonstrate that a good faith effort to co-locate existing towers and structures within a ~ mile radius was made, but an agreement could not be reached. Tower Construction Requirements. All towers erected, constructed, or located within the City, and all wiring therefore, shall comply with the following requirements: A. Mono poles are the preferred tower design. However, the City will consider alternative tower types in cases where structural, RF design considerations or the number of tenants required by the City precludes the use of a mono pole. No guy wires may be used. B. Towers and their antennas must comply with all applicable provisions of this code. C. Towers and their antennas must be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and all other applicable reviewing agencies. D. Towers and their antennas must be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. E. Metal towers must be constructed of or treated with corrosive resistant material. F. Any proposed communication service tower of one hundred feet in height must be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas at least one additional user. To allow for future rearrangement of antennas upon 4 ~ the tower, the tower must be designed to accept antennas mounted at no less than twenty (20) foot intervals. . G. All towers must be reasonably protected against unauthorized climbing. The bottom of the tower (measured from ground level to twelve (12) feet above ground level) must be designed in a manner to preclude unauthorized climbing to be enclosed by a six (6) foot high chain link fence with a locked gate. H. All tower and their antennas and relative accessory structures must utilize building materials, colors, textures, screening and landscaping that effectively blend the tower facilities within the surrounding natural setting and built environment to the greatest extent possible. 1. No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state or local authorities. J. Towers and their antennas may not be illuminated by artificial means, except for camouflage purposes (designed as a lighted tower for a parking lot or a ball field) or the illumination is specifically required by the Federal Aviation Administration or other authority. K. No part of any antenna or tower, nor any lines, cable, . equipment, wires, or braces may at any time extend across or over any part of the right-of-way, public street, highway, or sidewalk. L. All communication towers and their antennas must be adequately insured for injury and property damage caused by collapse of the tower. M. All obsolete or unused towers and accompanying accessory facilities must be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City Council. After the facilities are removed, the site must be restored to its original or an improved state. N. In addition to the submittal requirements required elsewhere in this code, applications for building permits for towers and their antennas must be accompanied by the following information: a. The provider must submit confirmation that the proposed tower complies with regulations administered by that agency or that the tower is 5 . . . .. . b. exempt from those regulations. A report from a qualified professional engineer which does the following: 1. Describe the tower height and design including a cross section and elevation; 2. Demonstrates the tower's compliance with the aforementioned structural and electrical standards; 3. Documents the height above grade for all potential mounting positions, or co-located antennas and the minimum separation distances between antennas; 4. Describes the tower's capacity including the number and type of antennas that it can accommodate; and 5. Confirmation by the provider that the proposed facility will not interfere with public safety communications. 3. A letter of intent committing the tower owner or their successors to allow the shared use of the tower as long as there is no negative structural impact upon the tower and there'is 110 disruption to the service provided. Subd.9. Existing Antennas and Towers a. Antennas, towers and accessory structures in existence as of July 1, 1997, which do not conform to or comply with this division are subject to the following provisions: 1. Towers may continue in use for the purpose now used and as now existing, but may not be placed or structurally altered without complying in all respects within this section. 2. If a tower is damaged or destroyed due to any reason or course whatsoever, the tower may be repaired or restored to its former use, location and physical dimension upon obtaining a building permit, but without otherwise complying with this division. Subd. 10. Obsolete or Unused Towers. All obsolete or unused Towers and accompanying accessory facilities must be removed within twelve (12) months of the cessation of operations unless a time extension is approved by the Council. If a time extension is not approved, the tower may be deemed a nuisance pursuant to M.S. ~429. In the event a tower is determined to be a nuisance, the City may act to abate the nuisance and require the removal of the tower at the property owner's expense. In the case of multiple operators sharing the use of a single tower, this provision will not become 6 effective until all users cease operations for a period of six (6) consecutive months. After the facilities are removed, the site must be restored to its original or to an improved state. 2. Savings. In all other ways the City Code will remain in full force and effect. 3. Effective Date. This Ordinance will be effective after its passage and publication according to law. Enacted by the City Council of the City of Stillwater this day of October, 1997. CITY OF STILL WATER Jay L. Kimble, Mayor ATTEST: Morli Weldon, Clerk 7 . . . ~,~ . . . .. MEMORANDUM TO: Mayor and City Council FR.: Steve Russell, Community Development Director !L- OA: October 23, 1997 RE: THE USE OF TIF PROCEEDS FROM MAPLE ISLAND REUSE PROJECT (GROCERY STORE/OFFICES) The city received an application for TIF assistance from Mainstream Development Partnership to assist in the redevelopment of the Maple Island site. A memo from the finance director provides an estimate ofTIF proceeds from the project. The Maple Island building is located in the Scattered Site Tax Increment District. Revenues from the project can be used to make public improvements in the downtown. Parking, street lighting, Lowell Park and Aiple Property improvements are all projects that could use money to carry them out. When the downtown improvement program was constructed in 1990-1991, this section of the downtown was not improved in anticipation of its redevelopment with reuse of the Maple Island site. Now is time to make the complementary public improvements. This area could be used as a test area or model for decorative street lighting. The City of Stillwater purchased the unimproved gravel parking area east of Maple Island to help support the redevelopment of the Maple Island site. It was anticipated that TIF from the Maple Island reuse project would be used to make improvements to the gravel parking lot and other public improvements in the area of Maple Island site. The enclosed area plan shows needed public improvements necessary around the Maple Island building. Listed below are estimated costs of those improvements: Water Street Parking Lot (100+ spaces) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $221,500 Water Street reconstruction (Commercial to Mulberry) . . . . . . . . . . . . . . . . . . . . . .. $75,000 Sidewalks and landscaping (along Mulberry/Water/Commercial- Lowell Park) . .. $140,000 Mulberry Street extension ............................................. $75,000 Maple Island Lot Reconstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $70,000 The estimated costs of the Maple Island site related public improvements is $581,000. In addition to the public improvements listed above, the railroad has land north of Mulberry Street for sale. This land could be purchased using TIF funds to provide additional downtown parking for this site and other riverfront areas. Mainstream Development has indicated they will be submitting a TIF request that details the need for assistance. It must be determined by the city in providing project assistance that "but for" the city assistance the project would not proceed. Only TIF eligible costs can be paid for using TIF funds. Recommendation: Decision on request. __ ,"to . . . ~ )> -0 ," I'l II j III IS K liD. /11 11 I 11;11 ;a!il ;lii-' J.!~ ... ~ i.. e en p .. I lit!! a Ii. OJ :~J Ul );: :z: CJ Ul --1 I'l -0 );: :z: " l::UJ CJ ;;0 )> ~ Ie [~U ] lm~ ():) .- N ~Q:=J (0 -.j = = """"....mm = = IICll = CJJ ~-- ( ; m r:a LJ :9 0- rfu-.: "00 """U . LWJllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII :1J11~~ , C,U- ~ /" /-----........... '\ i / / "'-.." . \ . / \ . , --- ..,~. (( ~)}= ,"'-. \ .~_// \ "'" ../ \ ~_._~ \I \ i ) "--~ ,..--T,,:;\ (""7:) !'l ~ ! '-IJ .. [Ln ~ 11 . ~. II Ll ~. FROM: DIANE DEBLON. FINANCE DIRECTOR /J~ I " . MEMO TO: MAYOR & CITY COUNCIL DATE: OCTOBER 22. 1997 SUBJECT: TAX INCREMENT FOR MAINSTREAM DEVELOPMENT SITE Pursuant to prior city council direction, staff has proceeded to gather the information necessary in developing an estimate of tax increment generated with the re-development of the Maple Island plant site. After discussion with the developer and the assessor, a realistic estimate of market value at completion is $3,900,000. This is the value placed on the project that would be incorporated into a minimum assessment agreement with the developer. . Using a market value of $3,900,000 for this redevelopment project, an additional $101,000 tax increment per year will be available to TIF District #1. . " , NUUNSTREET DEVELOPMENT PARTNERSHW 2121/2 NORTH MAIN STREET STILLWATER MINNESOTA 55082 . Morli Weldon City Clerk City of Stillwater 214 N 4th Street Stillwater Mn 55082 Dear Morli, Mainstream Development Partnership is requesting Tax Increment Financing for the Maple Island Renovation project at 219 N Main St. We began the project with the understanding that City participation will be required to ensure an economically successful "community oriented retail" center. The main component in the center is a full service grocery store dedicated to serve the Stillwater community. Downtown Stillwater lease rates ( $ 1 0- IS/SF) are $ 4-5/SF above the typical grocery store lease rates. Grocery stores operate on very small margins and the lease rate is a main variable in determining the success of a grocery store. The grocer ( Riverside Market) and supplier ( Nash Finch) have completed a detailed market study. The study states reservations regarding the parking and lease rate. We feel it is imperative we address these concerns.. The study recommends a lease rate of$ 6.50 - 7.50 /SF. To meet an acceptable lease rate MDP must determine a way to subsidize the grocers' lease. We intend to make up a portion of the shortfall by higher than average lease rates on second floor offices. We request that the City participate in the shortfall by providing TIF on the project. The TIF will reduce the lease rate to the Grocer and ensure adequate parking for the project. . We have reviewed the project with a Washington County tax assessor and City staff As a result of our discussions we have outlined a proposal for TIF below. Suggested City Participation: 1. Site Improvements: a. Water Street (curb, gutter, walks, lighting) b. Modification of the City South lot (See site plan) c. Improvements to the East parking lot ( paving, lighting, curb and gutter ). 2. South Building Demolition (estimated at $250,000 ) MDP will work with the City staff to provide Architectural and Landscape Architecture documents for the work described above, at no cost to the City. .\ We thank you for your consideration an continued support to bring and maintain cominunity oriented retail in the downtown area. Respectfully, Mainstream~eve pment Partne,,;hip -t::-z Tim Stefan . J. . s:::: .~ .. r- rrl Ul );: z: CJ U) --1 I'l -0 );: z: CJ ;;0 )> :2::l 0> N !='1 o:::J (0 -.j . III UI ~ lioB pi IISII J~; !!s; I_U ;n . on ; II~! a I~~ OJ !l Ii A , Ie en D D CD = __mm IIIJlJ ClI:I IIIJlJ OCD CJJ ---- -- i i i i . .' .' +- ...... .+. ......-1 .~. .-t. . T .t". i i i i ! l._.+. . . .t-.-+-._.+._+-.-1-.~. F. -.- j i i -f;t: ! t.-.-t- :.... .. .. .-.t-.-!-.-.t-. .-.!.--.j. i i i i ! !! ' . ._.;....+._.;...-j-~._.!.._.j._. .-.\..-. i i i i ! ! ! ..\..-. . .t-. j-. .;.... j-.J. ..!.. .j. . . +... i i i i ! !! I ; t = I . . --.-~r--' . I .." .".,..,"-"--,----- .. ~ -.-.- ---..:--=:.:....:.....:....=+....:::. f? i. . -.-.-.-.-.-.-.-.-.-.-.-.---.-.-.---.-.-.-.-.-.-.-.-.-.-.-.-'-.-..-.-.-.-. .. .-.-. .-.-.-.-.-.-.-. %0 <!lOL-:. ~ ...::::=::::==:==::...~..=t=":=:-=::-_:..:::-...:.::=~_._.=:-..:.-.::;::,._._.-.-.-.:.-.-. .' .C-.-. .-..-..-.-._._._ : %0' 8D C89 o~.. (S: : ._..00dB:P...~. ......-...T I: 11111111111111111111111111111 ~ i ~ r: . !'l B I ~ , t PLANNING REVIEW CASE NO. SUPN/97-60 Planning Commission Date: October 13, 1997 eect Location: 304 South Second Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicants Name: Croix Builders Type of Application: Special use permit and variance Project Description: The request is to construct a 10 level condominium project (7 residential and 3 parking) on a 1.9 acre site. The site is located between Second Street and Third Street south of Olive Street (UBC site). Project Setting: Uses surrounding the project site are residential uses to the west, US West Telecommunications and parking to the north, retail commercial, banquet facility and salvage yard to the east and CUB Corporate office to the south. A small portion of the CUB site will be purchased by the developer as a part of the project. The UBC (Bluff City Site) is currently owned by the City of Stillwater and as a part of this development will be sold to Croix Builders for the development. In order to sell the Third Street lot, the city will have to follow a special process. The UBC site was the site of a previous 74-unit condominium project that did not proceed because offrnancing .rard Case No. SUPN/96-15). The site rises from 714 to 755 on Second Street and 778 to 794 on Third Street. The lowest to highest existing site elevation is from 714 to 794 or a rise of 80 feet. The site is currently a vacant unimproved parking lot. Trees on steeply sloped banks encircle the vacant parking lot. The site is located on the edge of the Downtown Central Business District. Downtown Plan. The adopted Downtown Plan examined downtown parking needs and identified the sties at the comer of Olive and Second Street as the location for a downtown parking structure. Three sites were located in the plan; UBC retail, UBC storage and Olive Street parking lot. The downtown plan indicates a need for 200 parking spaces in the South Main Street area. The plan also indicated that certain downtown sites may be appropriate for multifamily housing. Comprehensive Plan. The recently approved (December 1995) comprehensive plan took a fresh look at future housing growth in the exiting city and through city expansion and identified sites along Second Street as appropriate locations for infill housing (see comp plan land use map and housing section page 6-3) The plan identifies the project location as an appropriate site for infill multifamily housing. The livable communities program also sets a goal for the city to provide attached housing. This site is one of a handful of sites in the city that could accommodate multifamily housing. ~iect Utilities. The site is serviced by city water, sewer and storm sewer. A major sanitary sewer line runs ough the site and will have be relocated. Water service will have to be obtained from Third Street and storm sewer runoff minimized. The storm sewer is at capacity and methods to reduce site runoff will have to be incorporated into the d(1Sign of. the project. The city engineer is reviewing the utility improvements necessary to service the project. The Fire Chief has indicated concerns for access for fire protection. The applicant is aware of his concerns and will work with the fire chief to meet fire and building code requirements. Traffic Impact. The project contains 76 condominiums units and provides 2 parking spaces per unit. The city's · traffic engineer has reviewed the projects traffic impact with the existing street system and concluded that the system has adequate capacity to accommodate trips generated by the project (see attached memo form Glen Van Wormer, 4-5-96). Traffic conditions in the area should improve from the UBC use. Design Review. The city previously prepared the Bluff City Site Design Guidelines. On October 8th, HPC reviewed this project with those guidelines and conceptually approved the overall project design. The design details of the project would have to come back to them for review and approval before a building permit is issued. Parking. A condominium project of76 units require 152 spaces, 141 spaces are proposed. Eleven additional spaces are needed. Variance Request. Two variances are required, one for building setback and one for building height. The setback variance or exception can be granted in the CBD if adjacent buildings are built to the property line. The US West building is built to the front and rear property line. The residences on South Third are also built to the front property lines. A recent variance along Third Street was granted for a new construction request. The height of the building from lowest to highest point is 10 stories and 100 feet, 720 to 820. The site slopes from the northeast to the southwest as previously described. The building is sited into the hill so that the height . ofthe building is mitigated and views from adjacent buildings are not effected. The viewshed of downtown as viewed from the east will be effected by the construction. The vegetation separating between Third Street and Second Street will be removed along Third Street. Based on the sloped property using a base elevation along Second Street of 720, the building height (eave of roof) is 783 or 63 feet from the street. From Third Street, the sidewalk in front of the building is 786 and the building roofline is 820 or 36 feet tall. The building foot print covers 36,000 square feet or less than half of the site allowing much of the site to be open for a courtyard and open to views. (to get some perspective on the height ofthe project the Rivertown Commons project is 70 feet tall as viewed from Second Street). The project application includes photos of views from Third Street and surrounding areas. Recommendation Special Use: Approval Finding: The project use is compatible with the downtown area and adequate parking is provided. Variance: Setbacks - approval (exception) Height: Approval Findings: The site is unique because of its location and topography. Other buildings in the area are set out to . the front property line and adjacent buildings are setback from the proposed construction site because of topography. The height of the building does not impact adjacent views. The main south building component as view~d froI;l Second Street, is 63 feet tall. The required height is 50 feet (most of the building components conform to height requirements). Conditions of Approval: 1. The developer shall enter into a development agreement with the City of Stillwater for the sale of the UBC 'project property. . A minimum of 152 parking spaces shall be provided for the project. 3. The developer shall relocate the sanitary sewer line as approved by the city engineer. 4. All fire protection concerns and requirements shall be addressed before a building permit is issued. 5. Storm water runoff rates shall be reduced through project design as approved by the city engineer. 6. Special measures shall be taken to protect the south slope of the property and maintain the existing tree cover. 7. Any use of the roof shall be reviewed by the Heritage Preservation Commission. The area shall be located to minimize impact from off site. 8. No mechanical equipment shall be located on the roof. 9. A subdivision application shall be processed combing the city Third Street site and CUB site with UBC site. 10. All conditions and design details requested by the HPC as conditions of approval shall be met before a building permit is issued. 11. Park and trailway fees shall be paid before a building permit is issued. Attachments: Application and plans Letter from Fire Chief 10-7-97 Letter from Traffic Engineer 4-22-96 Heritage Preservation Commission staff report and conditions of approval DP/97-27 CPC Action on 10-13-97: +8-0 approval . . "-"'''"~''-;ol'7''''''.~~'''''-''''''-''- - -~- -.-----~~--~~--.-.-"."'_._C""--'O""-.__,.,,_~.~ 6UP1VJq7-w Case No: /; I ., Date Filed: /CJd7 /1,7 Fee Paid: .i./d) Receipt No. :S-'lbh:< PLANNING ADMINISTRATION FORM ACTiON REQUESTED:' . FEE . COMMUNITY DEVELOPMENT DEPARTMENT CITY OF STILLWATER 216 NORTH FOURTH STREET' STILLWATER, MN 55082 _ Certificate of Compliance $70 l COAclitioRol or Special Use Permit $_/200 _ Design Review . $25 _ Planned Unit Development* $500 -L Variance m/200 _ Comprehensive Plan Amendment* $500 _ Zoning Amendment*' $300 . Subdivision. $100+$50/lot Resubdivision $100 Total Fee *An escrow fee is also required to cover the costs of attorney and engineering fees (see attached) The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. 28-30-20-41-0086 PROPERTY IDENTIFICATION 44-0025 44-0085 Address of Project 304 South Second Street Assessor-s Parcel No. Portion of 44-0027 . Zoning District CBD Description of Project 76 Unit Condaniniun "I hereby state the foregoing statements and all qata, information and evidence submitted herewi~h in a/l respects, to the best.of my knowledge and belief, true and correct. I further certify I will comply with the permit if it is granted and used. H . Property Owner Mailing Address Telephone No. Signature City of Stillwater 216 No. Fourth Street. 430-8800 . Representative Croix Builders, Inc. Mailing Address 302 So. Second Street. - Stillwater T I h . N 351-2778 / Fax 351-2780 e ep one o. Signature~ 2-. 9,~ - (7' . . SITE AND PROJECT DESCRIPTION lot Size (dimensions) x land Area Height of Buildings: Stories Principal Accessory Feet Total building floor Area sq. ft. Existing sq. ft. Proposed sq. ft. Paved Impervious Area sq. ft. Number of off street parking spaces provided .. . . Vicinity Map ..~ ~-.~....(,j; : '-~t-' o .u ..... .. 251 Scale in Feet--.... .- .~- ~.;~.'::::~:":..,...,.. : .,...... . o . p ( IN LEvE:L oNE ELEVATION 120 PROPOSED CONDOMlNPJM DEVB..OPMENT for the UBC SITE IN STILLWATER, IWNNESOr A . . 134 down 136 13::' 133 131 . 1.31 LEVEL TWO ELEVATION 131 . PROPOSED CONDOMINIUM DEVELOPMENT for the UBe SITE IN STLL WATER, MINNESOTA . . r=;up down EXERCISE LEvEL T~REE PARKING, LOBBY ( PUBLIC AREAS ELEvATION 142 FARrY ROCM FARTY ROOM PROPOSED CONDOMINIUM DEVaOPMENT for the use SITE IN STILLWATER, MINNESOTA . . e LEVEL FOUR 2 ElR . 26R 2 fiR ELEvATOR LOBBY 2 BR . 2 BR 2 ElR ELEvATION 155'-0' 13 UNIT5 26R (~ . PROPOSED CONDOMINIUM DEVELOPMENT tor the UBe SITE IN STILL W A TEA, MINNESOTA 26R . 2 BR 2 BR 26R ~ BR . 2 BR LEVEL FIvE ELEVATION 164'-4' 1:3 UNITS ~ BR -: '-., ./ PROPOSED CONDOMINIUM DEVB..OPMENT 101' the use SITE IN STILLWATER, MINNESOTA . . 26R :z 6R 2 BR , 6R . :2 BR 2 BR LEvEL SIX ELEVATION 113'-B' 13 UNITS :I BR . PROPOSED CONDOMINIUM DevELOPMENT for the UBe SITE IN STILLWATER, MINNESOTA - ----~~~-".".-,-~~~--.---,.,-..,,'_.~..,~:.~,~---~-.- :2 eR 26R LEvEL SEvEN ELEVATION 182'-0' II UNITS ~'" \ . 2 f3R ELEVATOR L068Y 26R :2 6R . .26R I ~ i I I ~--------------~ PROPOSED CONDOMINIUM DEVaOPMENT for the UBC SITE IN STILL W A TEA, MINNESOTA . . :2 BR . 26R 2 BR ELEV A TO~ ELEVATOR LOOBY 2 BR ") BR \ , " " , ') I I I I I I I I I I I I I I I --' :2 6R LEvEL EIG~T ELEvATION lSI'-4' 10 UNITS v-. ~/ d\'Y ~ . PROPOSED CONDOMINIUM DEVELOPMENT for the use SITE IN STILLWATER, MINNESOTA 2 ElR . 26R 2 BR ELEVATORS ELE:VATOR LOOBY 2 BR LEvEL NINE .....,..... \ \ \ \ \ \ . \ 1 I I I I : L____________ . :; BR L J ELEVATION B00'-B' ~ UNITS , <% ~< PROPOSED CONDOMINJUM DEvaOPMENT for the use SITE IN STll WATER, MINNESOTA .. . . . LEvEL TEN ELEVATION 810'-0' & 8 UNITS 18,510 GROSS SQUARE FEET I / I I I / I I I ! ( I , I I \1 L___________J PROPOSED CONDOMINIUM DEVaOPMENT for the UBe SITE IN STILLWATER, MINNESOTA 11 ~ . UNfT A 2 BEDROOM 1488 SQ. FT. I . .. . .r . .. ewt;?1~1~.. . -=--- ~~ t__ '..::=-:-.:;:s:.Cri::.e:.c~.~~ ~..;..><r_-7._ -:-.~__ . . . I "7~~~.. j ~~~, II tt.~ b ~ II w ~ I t ~'1 I rr " . . f CiJ ~ . BEDROOM [PD[~~D~ J " @ [QJ OQ ~ LIVING 0 PI ~'~ig ~ ()ROOM ttl ~ 0 ~ (> 0 Q 1- ~O' ..., . . . . .... ..... ." . ... .., DO ~ n . lO~) I <6':;:'~~~~?J~d~::;::'j.' BEDROOM ~~ 71 r :......: :.:.:: :..:....:...:<..::::......:::.ij<.: m:..:' IlIIl 1= J J . ._'.~ .:...~ :.... ." ....: ::".'-. .......:.. '.":" .. ..: .': ~ J# ,... . I ! ~~ = ILLt ~ ". UNIT B 2 Bt:DROOM 1,500 SQ. FT. r . . . "~X'~~ :'Jal'. .~-: ~ C= ~ ~. :::.-=-==:. \.C' ~ - c..!:="_~ Stillwater Fire Depanment Roben C. Banhol Acting Chief 216 :-;orth 41h SIr.:.:1 Stillwater.~linnesota 55082 Phone 351-4952 . October 07. 1997 Stcye Russell Planning Dept Steve: The Stillwater Fire Department has some concerns about the Croix Builders project for the de\-elopement of 30 I So. 2nd Strect (old UBC property), 1) Our access around the property 2) Height of building 3) Fire protection systems As per our meeting of September 29th. I felt that these concerns :were being addressed by the developer and that if the Building Official and I are kept infonned we can reach an appropriate solution with life safety of the occupants and the responding emergency personeU. . If you have any questions please feel free to contact me at an~time. ;;;/ /~~Ce?~( Ro rt C. Barthol Acting Chief Stillwater Fire Department . ~SaJ .-( ,/L4jf'0__L r;rj/p~/<~ (r-(/\//4c/Vj,A f;'~ ;- MEMORANDUM .Si PAUL. MN = MINNEAPOLIS. MN C ST. CLOUD. AIN = CHIPPEWA FALLS. WI = MADISON WI TO: Steve Russell, Community Development Director City of Stillwater FROM: Glen Van Wormer, Manager Transportation Department DATE: April 22, 1996 RE: Stillwater, Minnesota Condominium Development Olive Street and 2nd Street SEH No. A-STILL9601.00 Our memo of April 5, 1996 responded to your request for a review of the traffic impacts of the proposed high rise condominium development at the southwest corner of the intersection of Olive Street and 2nd Street. That memorandum provided information relative to the number of vehicular trips that would be generated by the development, the routes that they would take and the additional traffic that would be placed on various streets or intersections as a result of the condominium construction. . Since that memo, we have received a copy of the notice of an appeal sent to the Stillwater City Council by Mr. Harold Kimmel. Some of Mr. Kimmel's concerns relate to traffic, in particular to the study which we provided. Mr. Kimmel makes a number of very valid observations in his April 16 memorandum. Our analysis focused on the impacts that the additional traffic generated from the condominiums would have on the conditions cited by Mr. Kimmel, based on our knowledge and observations in the downtown area. As an example, Mr. Kimmel points out that Nelson Alley is narrower than a normal street and with parking one side only. Almost all traffic generated by the condominiums will quickly learn routes through the downtown area and probably will avoid Nelson Alley. We assumed that there would be approximately 10 vehicles per day eastbound and 40 to 50 vehicles westbound on Nelson Alley in an average day. With this traffic spread throughout the day, the additional westbound traffic would average only about three vehicles every hour. That additional traffic on Nelson Alley should have little, if any, impact on the street. The memorandum from Mr. Kimmel also points that access is difficult from Olive Street onto 3rd Street, and that 3rd Street is quite busy. Our traffic analysis recognized that fact and placed the morning traffic outbound from the condominiums primarily onto Nelson Street and Main Street to the south. Most of the traffic that will use 3rd Street and Olive Street will be returning traffic making a right turn from 3rd Street onto Olive Street. Because the condominium traffic will be repeat traffic, motorists will learn that at certain times of the day, the left turn from Olive Street to 3rd Street is difficult and will probably find an alternate route. This was taken into account in our . Mr. Steve Russell April 22, 1996 Page 2 figures. Even with this dispersion, we anticipate that there would be approximately 155 vehicles total utilizing Olive Street east of 3rd Street. This equates to about one vehicle every 7 minutes, which also is relatively small. On those occasions when Olive Street is not in good driving condition, traffic will probably utilize 2nd Street, Chestnut Street and 3rd Street or utilize Main Street. . One of the observations was that 2nd Street traffic used to be relatively light and now it is heavier. We fully agree with Mr. Kimmel's statement. This tends to reinforce statements we have made that the backup of traffic from the existing lift bridge tends to divert traffic to a number of routes in residentiai areas within the community. In routing traffic from the condominiums, we utilized routes that knowledgeable people 'would take. As an example, traffic traveling to the north or across the bridge to Wisconsin would likely take 2nd Street to Chestnut Street and then cross the bridge or turn onto Main Street. We did not route anyone to Nelson Alley or Olive Street to make a left turn to go north on Main Street. The development will generate approximately 518 trips in an average day. If this is averaged over the major traffic hours of the day, this equates to approximately one vehicle trip every 2 minutes, With a distribution of traffic traveling to or from the site and with traffic utilizing different routes, the additional traffic can be absorbed. As an example, if 100% of the traffic were to utilize the single route away from the condominiums, it would average only one vehicle every 4 minutes. We are very aware of the present traffic congestion in many parts of Stillwater. We provided . Mn/DOT with a considerable amount of information relatively to backups, diverted routes and traffic concerns as part of their analysis of the existing situation in connection with the bridge studies. The access from the condominiums onto 2nd Street and the dispersion of the traffic to the different intersections and streets within the downtown can be absorbed, even at the heavier traffic times. If the condominiums were to be built east of Main Street or if much of the traffic would be oriented to the Main Street and Chestnut Street intersection, we believe there would be some valid traffic considerations relative to permitting the development to proceed. At the proposed location, the i.Idditionai traffic volumes can be absorbed into the flow of traffic. Mr. Kimmel also raises several questions regarding parking. We have also worked with the City on a number of parking issues, but have not been asked to address parking in this development. Part of the long range plans for parking had consideration of a parking structure on the existing City parking lot in the northwest corner of Olive Street and 2nd Street. We can, if you desire, further pursue some of the parking issues. However, we know that you are very knowledgeable of the parking issues, concerns and plans. We hope this additional information and responses to some of Mr. Kimmel's concerns and observations is helpful as the City continues deliberating the condominium development proposal. If you have any questions or need any additional information, please call me. tIo c: Klayton Eckles, City of Stillwater Nile Kriesel, City of Stillwater Dick Moore, SEH . . . . HPC APPLICATION REVIEW FORM CASE NO. DR/97-27 HPC Date: October 6, 1997 Project Location: 304 South 2nd Street Comprehensive Plan District: Central Business District Zoning District: CBD Applicant's Name: John Roettger Type of Application: Desig~ Review Project Description: Desig~ review of a 76 unit condominium in the Central Business District. Background: The proposed adjacent 339 2nd Street. parking lost condominium project is related to the development of an parking ramp lo~ated between Olive and Chestnut along The parking strJcture is necessary to provide for by development of the UBC, Bluff City lot. Project Setting: The project site is located at the foot of Chillicothe Hill. Surrounding the site to the south is the Cub Food parking lot (elevation 807') and Cub cor?orate office - to the west is South Third Street. A duplex, aD office/residential use and condominiums are located along Third Street. The elevation of Third Street runs from 760 at Olive to 790 near Cub entryway. To the east of the site is The Grand Pizza Restaura~L (old UBC retail store) and Grand Garage parking lot and restaurant. Gordon Iron Works is also located to the west. The site is located on the edge of the Downtown Central Business District. Bluff City Site Design Guidelines In the fall of 1995, City :ouncil commissioned, at the request of the HPC, design guidelines ~o be created for the site. "Bluff City Site Design Guidelines" res~lted (attached). Discussion: The request is to construct 76 unit multi-level condominium apartment project with 141 enclosed parking spaces. The site is the UBC lumber material storage yard. The building would have frontage and access on 2nd Street and South Third Street. The applicant states in his application they had a number of design goals that were established up front. These goals are as follows: 1. Create a atmosphere that was accessible both for vehicles and pedestrians. 2. Maximize the nUIT~er of units with living areas having a view of the City and river valley. ~ 3. 4. Limit the impact of the building on surrounding residents. Make a pedestrian connection to Third Street, bridging the Downtown area and the residential area allowing residents access to the churches and other features of the South Hill neighborhood along with the ability to shop and eat Downtown. . In order to meet those goals, they have enlarged the site to the south and west and positioned the building on the south side of the property. The enlarged site development to the west is three floors of the building abutting Third St. The building will be a concrete structure with a predominantly brick exterior. Dark green will be the trim and metal roof color. The applicant will bring samples to the meeting. The building will have three stories above ground on the South Third Street side, and nine stories above ground on the Second Street side. Each unit will have two bedrooms and a balcony. Green space and recreational space will be provided on top or the underground parking ramp. This space is at ground level. The applicant may also provide some green space on top of the building. When it is decided, they will return for HPC's review and approval. Issues To Consider 1. Street facade, in terms of pedestrian orientation, setback, proportion and height. The proposed building will cut in sides, this will impact the trees Height of building and its impact Wisconsin. Color of exterior brick. Downtown Guidelines? 3. the bank on the south and west that are there. on the Downtown and view from 2. 4. Does the color meet the intent of the . Conditions of Approval: 1. Landscape Plans, Lighting Plan and any signage for the site will be reviewed by the HPC. 2. The conditions of approval regarding landscape plan, signage, building materials and material colors shall be met before building permits are issued. Reconnnendation: Approval as conditioned. Findings: The proposed project is compatible with the downtown area and adequate parking is provided. Attachments: Application Form/Site Plan/Elevations HPC Action - October 6, 1997 - HPC has concerns about the following issues: I. Pedestrian scale and orientation to the 2nd Street side of the site. 2, Proportion of the project the height and mass of the building). Concept Approval + 5-0, . f . . . ,- ~ TO: F.R.: DA: RE: MEMORANDUM Mayor and City Council Steve Russell, Community Development Director ~ October 22,1997 REQUEST TO RESUBDIVIDE PARCEL 2, STILLWATER MARKET PLACE 4TH ADDITION INTO TWO LOTS AND COMBINING EACH LOT WITH ADJACENTPARCEL1AND3 Background: The resubdivision request is described in the attached planning commission staff report. The request was recommended for approval to complete the resubdivision. The existing utility easements must be vacated by resolution and new easements established. A legal description describes the vacated and new easements. Recommendation: Approval- resolution Attachments: Application and planning commission staff report, 10-13-97 and resolution. r .J , PLANNING REVIEW CASE NO. SUB/97-63 Planning Commission Date: October 13, 1997 . Project Location: North comer of Curve Crest Blvd. Comprehensive Plan District: Business Park Commercial Zoning District: BP-C Applicants Name: Video Update Type of Application: Subdivision Project Description: Request to resubdivide Parcel 2, Stillwater Market Place 4th Addition into 2a and 2b and to combine new Parcel2a with Parcell and new 2b with Parcel 3. Discussion: Video Update is proposing a new store on Parcell and half of Lot 2. The remainder of Parcel 2 would be combined with Parcel 3. Based on existing subdivisions arrangement access to Parcell is provided as a shared access between Parcel I and 2. If this location is to continue to provide right in only access, an easement would have to be recorded over Lot 2a to allow 2b and 3 to use the existing access. Another option would be to relocated the right in only drive to the property line separating 2a . and 2b. A second easement will have to be recorded across Lots 2b, 3 and 4 allowing Lot 1 and 2b to have access to that driveway (carwash). The carwash driveway has access to right and left turns. The existing drainage utility easement on the south and north boundary line of Parcel 2 will have to be vacated and a new easement shown on the parcel boundaries between 2a and 2b. Recommendation: Approval Conditions of Approval: 1. A reciprocal access easements shall be recorded across Lots 1 and 2a and Lots 2b and 3 and 4 to accommodate shared use of the two access drives. 2. The remainder of Parcel 2 (2b) shall be combined with Parcel 3. CPC Action on 10-13-97: +9-0 approval . I . . . '" ~" ( "\.. RESOLUTION NO. RESOLUTION VACATING AN EXISTING EASEMENT OVER PART OF LOTS 1,2 AND 3, BLOCK 1, STILLWATER MARKET PLACE FOURTH ADDITION AND REPLACING WITH A NEW DRAINAGE AND UTILITY EASEMENT OVER LOT 2, BLOCK 1, STILLWATER MARKET PLACE FOURTH ADDITION WHEREAS, a petition was presented praying for vacation of an easement and to replace it with a new drainage and utility easement in the City of Stillwater, Minnesota hereinafter described; and WHEREAS, the City Council did determine that the petition was sufficient; and the City is a Home Rule Charter City of the Third Class and that it was proper for them to proceed with the vacation pursuant to Minnesota Statutes ~440.135; and WHEREAS, at a meeting duly called for that purpose, the City Council did on the 28th of October, 1997, determine that the proposed vacation would not interfere or defeat the public interest or adversely affect the public and that it would be in the best interest of the City of Stillwater and the abutting owners that the vacating the easement be granted. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of StilI water, Minnesota, that the petition be in the same is hereby granted, that the following easement be vacated and replaced with the following described: Easement vacated by this resolution: To vacate the drainage and utility easement along the line common to Lots 1 and 2, Block 1 Stillwater Market Place Fourth Addition, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, lying northwesterly of the southeasterly 10.00 feet thereof and lying southeasterly of the northwesterly 10.00 feet thereof. Also, to vacate the drainage and utility easement along the line common to Lots 2 and 3, Stillwater Market Place Fourth Addition, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, lying northwesterly of the southeasterly 10.00 feet thereof and lying southeasterly of the northwesterly 10.00 thereof. Easement to replace the dedication of which is hereby accepted by the City: A 10.00 foot wide drainage and utility easement over that part of Lot 2, Block 1, Stillwater Market Place Fourth Addition, according to the plat on file in the office of the County Recorder, Washington County, Minnesota, lying 5.00 feet each side ofthe following described center line: Commencing at the most westerly comer of said Lot 2; thence North 34 degrees 17 minutes 23 seconds East, bearing oriented to said plat, along the northwesterly line of said Lot 2 a distance of 69.97 feet to the pont of beginning the line to be described; thence South 55 degrees 42 minutes 37 seconds East 159.07 feet; thence South 83 degrees 16 minutes 06 seconds East 48.60 feet to the easterly line of said Lot 2 and said line there terminate. Adopted by affirmation vote of all members of the City Council this 28th day of October, 1997. Jay Kimble, Mayor Atttest: Morli Weldon, city clerk OcL--21. ~)7 10: 12A FFO & ASSOC. 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Ie I I I ~ I ~. I ~ . I ~ JNA 1"fJ. ~ I J./TILI1'Y t3I#Sl2m~tff5 II ~ . Yf.CAr/2 r' ..<.>'.' ", ," . ., '. \. . '..~/. . .......:..w . . '.,0 " ' ......;:;...:.. .. . il": " 1<' ," ';: fcl;', -. - - ...... .... -... --- --- ..,' .... - 4-.=25.20. 41" L_227.36 , . .1'....... , ,., . O!3 \ . ". .... .; :';'.> ,: , .... ~., .. I / / I I I I I I I , I I \ " ,,// "-- .-- . . .f" :.....1 ',. . ..... :.. ,..../.:,:'.. \,.,... /..... \ '." . ..... C::' (:.:: j::' ;:.::: . T . . ., .'.... ..... - ... . ....- ........:. .~:- -' ~.'.'. .;...... ---... t . ': ~ ... I~;""'~ ~ .'" t. ,. ~ I , .J.~::..,'.... ...~_..:..'~' ...:_.... ..--.--. ~y J~ ...~'--J \-MI~IJ r" l..'''.'''''~'''' ,tl$t()RTI'MUTERNMNI.t . ~n~l'MltR.I4I'U(ll" !l608; (8111 09.43) .....---.. . . ..._._-~ ,. ....-........ . . Oct..?:] -Y7 10: 12A FFO & ASSOC. INC. 430-9331 P.()'1 . r(;> .~ .<( . ~ .<1~ ~ ~ ....4 (:) ~ . ~ ,.~ . A~ rJF ,"V ~. ~ ~ 'G ~" q," ." y ..- . . n .~. '" '" ~ '" 3:Q f "'., ., " 8 ~ tJ tJ O~ ~ :t f) ~ ll\ ~ ~ ~ t:'~ ~ :j ... t ~~ -.J ~ V\ \'\\ 5 "{'\\ (.I~ ~, 'U___ ~ ~ .~ ;l ....., ~ .... ;:.: ,n '" · it ,I, ... '\( t:f :Ie Y . -;;. .~.. t::l .,jrii It: ~. ~ n l ): .~ "~~2=1ft .. j5 7. c.' :... j;lOC/)"" l' ~l 'Ur- ~ - . tf ~~ --z..... \'- . . . MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORTII MAIN STREET. SUITE #202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9464 . TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON RICHARD D. ALLEN MEMORANDUM TO: Mayor, City Council and Staff David T. Magnuson, Stillwater City Attorney ~ FROM: DATE: October 22, 1997 SUBJECT: Post Office Park When the United States Government sold the post office property to a private owner, a conflict arose over whether Post Office Park was actually a dedicated City park or whether the parcel remains under private ownership. I enclose a copy of memorandums and correspondence that I have had with regard to the subject and also copies of the City records showing how City use of the property originated. The present owner of the property, Mr. Hurley, has retained Jim Lammers to assist him in what he perceives as problems with public use associated with the park. Hurley claims that the problems are especially bad at night when people, some of who are intoxicated, come into the park and create noise and other obnoxious behavior. We have discussed an interim arrangement that, if satisfactory to the City Council, would no doubt be workable with Hurley. They propose that the City install gates of the type that could be locked at the time when the public would not be permitted on the premises. We have not talked about the specific hours of excluding the public but, that certainly is negotiable. We could then authorize Hurley as a gatekeeper to be responsible to close the park based upon an agreed upon schedule. While this approach might take care ofthe conflict in the foreseeable future, I'm afraid that it doesn't address the long term implications that the City might face with regard to the park. Perhaps, however, if the short term situation is workable, it would be the basis for some long term agreement. In the alternative, in order to clear the title, the City could commence Eminent Domain proceedings so that title to the park would vest absolutely without any clouds in the City. I would appreciate some direction on this before we spend a lot of municipal time and effort on the problem. DTM/ds Enclosures cc: Jim Lammers MAGNUSON LA\V FIRM LICENSED IN MIi:'IiNESOTA AND WISCONSIN THE DESCH OFFICE BL:ILDI:-iG 333 NORTH MAIN STREET' Sun =.~O~ . P.O. Box ~38 . STILLWATER. MN 5508~ TELEPHONE: (61~) ~39-9~6-l-. TELECOPIER: (612) ~39-5641 DA\"ID T. MAGNUSON l\l-\ITHE\V A. STAEHLING LEGAL ASSISTANTS: MELODIE ARVOLD DANA SCHAUER . October 6, 1995 . ,i/F' Steve Russell, Community Development Director City Hall 216 North Fourth Street Stillwater, MN 55082 (eltJ)~~ Re: Post Office Drinking Fountain Dear Steve: At your request, I have reviewed various documents with regard to the North 2nd Street drinking fountain for the purpose of rendering my opinion with regard to the extent of the city ownership of the drinking fountain property. Records reveal that prior to 1934 the United States Government owned a 150 by 130 foot parcel of land located on the northeast corner of the intersection of Second and Myrtle Street. This property was commonly known as the Post Office property. . In 1934 the City of Stillwater approached the United States Government and obtained permission- to construct a public drinking fountain upon a small portion of their property, specifically described as the "west 42 feet of the north 46 feet" of the Post Office property. In obtaining the consent of the United States Government to use this parcel of land for public drinking fountain purposes the City of Stillwater agreed that they would surrender possession of this parcel to the United States Government if, "in the future the United States Government may deem it necessary to require said land for its own use". When the United States Government sold the property to a subsequent purchaser it was sold by Quit Claim Deed and not by Warranty Deed. The significance of this sort of a conveyance is that the seller, in this case the United States Government; made no promises of any kind to the purchaser that the land would be free from encumbrances or restrictions. Further, a paragraph of the conveyance from the United States Government recites that the conveyance was made subiect to all easements, restrictions, licenses and permits reserved or outstanding to third parties, existing at the time of the conveyance. . ." . In my view, the present owner has no right to remove the public drinking fountain or to interfere with the City of Stillwater's right to conduct, maintain and repair a public drinking fountain on this parcel of land. Since the property was sold by the United States Government subject to existing restrictions, the only legal entity that could interfere with the City of Stillwater's right to use this parcel for public drinking fountain purposes is the United States Government, upon a showing that the property would be needed for United States Government purposes. Yours very truly, .i.(..:t:. DTM/jkj enclosures: Resolution No. 784 Minutes: June 5, 1934 July 6, 1934 October 2, 1934 November 23, 1934 . .' .' . f Ii t'::..~ MAGNUSON LAW FIRM LICENSED IN MINNESOTA AND WISCONSIN THE DESCH OFFICE BUILDING 333 NORni MAIN STRE..."T . SUITE #202 . P.O. Box ~38 . STILLWATER. MN 55082 TELEPHONE: (612) 439-9464 . TaECOP1ER: (612) 439-5641 . August 19, 1996 Mr. David M. Hurley Sandoz Nutrition 5100 Gamble Drive Suite 203 St. Louis Park, MN 55416 Re: Forbearance and Indemnity Agreement Dear David: Enclosed is an Agreement that should respect the interests of you and the City in the drinking fountain/park property. If this is satisfactory, please sign it and return it to my office and I will obtain the Mayor and Clerk's signatures. Please let me know when you have examined the siruation with regard to an ultimate solution and . we will meet again to discuss our interests. In the meantime, I enclose a copy of a memorandum written to the Parks Commission explaining your desire for more security at the park. I will keep you informed .' of the Park Board's discussions and, hopefully, something will be done to improve the situation~. Yours very truly, ::hti . David ~n Stillwa~~ ~~:~orney DTM/ds Enclosures cc: Sue Fitzgerald, City Planner Dennis McKean, Manager of Water Board Nile Kriesel, City Coordinator . l\tIEMORANDUM MAGNUSON LAW FIRM LICENSED IN MINNESGrA AND WISCONSIN . THE DESCH OFFICE BU1LDING 333 NOm! MAIN STREET. SUITE #202 . P.O. Box 438 . SnLl.WATl!R.. MN 55082 TELEPHONE: (612) 439-9464. TELECOPtER: (612) 439-5641 ;It~", TO: Sue Fitzgerald, City Planner; Dennis McKean, Water Board Manager; Nile Kriesel, City Coordinator FROM: ~ David T. Magnuson, City Attorney DATE: August 19, 1996. RE: Post Office drinking fountain/park I enclose correspondence and a draft Agreement sent to David M. Hurley that, hopefully, will control use of the park until all issues with regard to its ownership can be resolved. . At a recent meeting, Hurley expressed concern with regard to the immediate problems he faces and his concern for the future use and occupation of the park, should the City's claim of ownership ultimately resolve all of his interests in the site. . He reports a lot of late night noisy and suspicious groups who lurk in the low area in the park and he is .' concerned for his safety and the safety of his other house members when they return late in the ev_~ning. The area is not well lighted and is a hidden place in the downtown that is conducive to criminal activity. He suggests establishing hours where the park can be used and, perhaps, establishing gates that could keep people out of the area after normal park hours. I think it would be a good idea to place this matter on the Rec Commission's agenda for discussion since it is something that must be considered in any event since it appears to be a public safety problem as well as a problem for parcels adjoining the park. We appreciate your help on this. DTM/ds Enclosures . .Jl~'" L:G "'~ .:J _-i...' eJ MAGNUSON LA\V FIRlYI LICENSED IN MINNESOTA A:"iD WISCONSlN THE DESCH OF:FICE Bl.ILDI:'iG 333 NORTH MAIN STREET' SL:lTE #:0: . P.O. Box ~38 . STlLLWATER. MN 55081 TELEPHONE: (61:) ~39-9~ . TELECOPIER: \611) ~39-5~1 . D.-\.\"ID T. MAG;-.lUSON l\LHTHEW A. STAEHLlNG LEGAL ASSISTANTS: MELODIE ARVOLD DANA SCHAuER April 23, 1996 Ms. Sylvia Kimbrel 724 West Oak: Street Stillwater, MN 55082 RE: Post Office Drinking Fountain Dear Sylvia: By way of background on the Post Office drinking fountain, I would like to share with you various correspondence, maps and minutes from both the Water Board and City Council. Much of the information is self-explanatory, but it points out the confusion regarding the title to the fountain area. It seems to me that the City's claim is quite legitimate, although it is sometimes very hard for the Government to assert a claim against real estate without actually initiating eminent domain and usually that is quite expensive and results in the property owner being paid much more than the property is actually worth. . I have also checked with Steve Russell and evidently Hurley, the owner of the property, was given a permit to build a residential structure in the attic of the Post Office and as a condition of approval, the Planning Commission required that he reach some understanding of the City with_ regard to our rights in the park area. I have also talked to his lawyer in Minneapolis and told him that the City would consider revoking Hurley's special use permit for the residence in the attic if he failed to live up to his promises. I point out, however, that an issue like this is very political and so your garden club should be aware that it is only the City Council that can direct staff to take whatever action is necessary to secure the public's ownership of the park. Call if you have any other questions. Yours very trol y, ~a~ Stillwater City Attorney DT:Vf/ds Enclosures . Chestnut & Brooks Jack L Olcstnut .Ca.mbronnec Holten Er.ckson Dennis B. Johnson Alan B. Demmer" Janet Waller Robert A. La.F!eur." Jeanette A. Frederickson si:i.wt c: Bear SandIa J. McGoldrick Timothy P. McCarthy . JP:frcy D. Bores Thomas A. Forker Of Counsel: William E Brooks, Jr. Professional Association · Attorneys At Law "Also IlIiwriazJ ;.. IV" """"'" -A/so~;"~ -Also Iiuzstd ... 4 C7A October 24, 1995 Sheila McNamara Stillwater City Hall Community Development Director's Office 216 North Fourth Stilh~a~er, Minn. 55082 . . ; Re: Case No."SUP~95-7Z.Zoning'Use Permit. . Dear Ms. McNa.mara: . o~ ~, . r" ,~ 3700 Piper ~T~ 222 Sourh Ninrh Street Minneapolis, M.N 5S402 (612) 339-7500 FAX: (612) 336-2940 Kelly Inn, Suite 820 161 St. Anrhony Avenue St.Paul, M.N 55103 (612) 291-1900 FAX: (612) 291-0063 204 North Scar Bank Building 4661 Highway 61 Whire Bear Lake, MN 55110 (612) 653-0990 FAX: (612) 653-4647 I am writing on behalf of David Hurley, the applicant for the above-referenced zoning use permit I would like to address ~o issues. 1. I am assuming that the permitted use of putting a residence in the attic is a permanent one and that the temporary residential use referred to in the fourth condition of approval refers to a first floor temporary residential use. If that is correct, I would like that clarified. That can be done by inserting the word "permanent" before the word "residence" after the permitted use and by inserting the words "on the ground floor" after the word "residential" in the fourth condition of approval. 2. I want to make it clear on behalf of Mr. Hurley, that he is accepting the sta~ed condition regarding the garden site only because circumstances beyond his control (i.e., the approaching winter) mandate that he begin his building project very soon and there is not sufficient time to get that issue resolved to his satisfaction without losing substantial benefits related to the property. That is, because the City is taking a strong stand with regard to the garden site, Mr. Hurley is forced to accept it or he will lose his opportunity to use this property for its intended purpose, for a substantial period of time. Depending on the nature of the "research" the staff intends to undertake, it mayor may not be necessary to revisit this issue at some point in the future. ID~@~O\W13 ""~ ca 25_ 1 ~~ . C:\WP' .DOCS\RAL\SA.."IOOZIS 102451.LTR " - - - . Sheila MeN amara October 24, 1995 Page 2 Please contact me at your earliest convenience to let me know if the changes . requested above will be implemented. Very truly yours, .,{oI_.... CHESTNUT & BROOKS, P.A. ~~(}, ~~ ROBERT A. LaFLEUR RAIljm cc: David Hurley . C;\WP .DOCS\RAL\SANOOZ\S 102451.LTR . F~OM C~2S7~~7 & BROOKS :WEC: 10. 11' 95 16: 02/ST. 15: S8/NO. 3760064299 P 2 ChestnUt & Brooks ~ C"l<5t.-::.;: 1 roO _~ "'\ . _ _r.:~...n;.~ .o:T C. He!:.;:" C;~ I\. =::~:: C-e_-js 3. Job'''';;::: ~ 3. Der.-_..,....~.. lan~ WalI.:r . Rooo t A. :..a.:::~... 1=:= A. IT=de..-:<:.:...sor. Scuan: C. 3ea.r Sandra I. McC6::r.ck ., ~:rUTlochy r. I'-~t..~y Jerey D. Bores T..,o:nas A. Por>:.er Professional Association · Attorneys At Law Of Cou.'1Sei: \V~ F. Brooks, Jr. October 11, 1995 3700 Pipe: Jilir:ay T OWe:' 222 South :--iinth 5cre:! Minneapo1is. !vtN' 5..'\402 (6i2) 3$~-7:..oo F~~(6~}336-29~J K.:l1y Ir.n.Su::e 920 161 Sr.Anthony ^-.:en..... Sc.l"aul. MN 5.5105 (612) 191-1900 F."'.X': (6!:2) 291-0063 204 North Scar .Back BuilCing 4661 Hiahway 61 White lkar Lake. MN S110 (612) 653-0990 F.o\X: (612) 053-4647 "Al<4 MI-' i,. :.l1"....-... -;llso~;"~ -A60I~""'A:SJ~" VIA FAX October 11, 1995 David T. M~qnuson, Esq. Magnuson Law Firm The DQsch Office Building 333 North Main street suite #202 P . 0 . Box 438 Stillwater, Minnesota 55082 . Re: David Hurley & Old Post Office Building Dear Mr. Magnuson, This follows our telephone conversation of this afternoon. As I mentioned, Mr. Hurley wants to put all issues regarding the drinking fountain and garden on his property to rest. Yo~ indicated that the Federal government had signed some docUlnQnt regarding the right of the city of Stillwater to maintain the fountain and garden. I would appreciate receiving a copy of that as soon as possible so that I can appropriately advise Mr. Hurley. .. I understand your position to be that this property was "dedicated" for a public purpose via the resolutions of the City.. of Stillwater. As I said, I have not done any extensive research, but I believe more would be required to obtain an actual property interest in property owned by the United states. If you have contrary authority, it may speed this matter along if you would point me to it. . F~O~ CHES7~U7 & BROOKS Mr. David T. Magnuson, Esq. October 11, 1995 Page 2 Thanks for your help. i ,. iPf... RAL/ral cc: David Hurley (via fax) (WED) 10. 11' 95 16: 03/ST. 15: S3/NO. 3760064299 P 3 Very truly yours, ~ O~AA- Robert A. LaFleur . . . . , t:'''' . i . . MAGNUSON LA'\V FIRM LICENSED IN MINNESOTAA.-.-n WISCONSIN THE DESCH OFFICE Bl:ILDING 333 NORTIi MAIN STREET. Sum; ~202 . P.O. Box 438 . STILLWATER, MN 55082 TELEPHONE: (612) 439-9~ . TELECOPIER: (612) 439-5641 DAVID T. MAGNUSON ;\L\,ITHEW A.. ~TAEHLING LEGAL ASSISTANTS: MaoDIE ARVOLD 10Dl 1 Al'of1'Z . October 17, 1995 Robert L. LaFleur Chestnut & Brooks 3700 Piper Jaffray Tower 222 South Ninth Street Minneapolis, MN 55402 (t:/QjWJ'Yf , Re: Stillwater Old Post Office Building Dear Mr. LaFleur: I enclose several documents that help explain the City's interest in maintaining the Post Office drinking fountain park. The first is a brief memorandum prepared by a member of the Parks Commission, outlining some history with regard to the park. Next is a drawing showing the park in relationship to the rest of the Post Office property. Next, Minutes of the City Council of June 5, 1934, and June 11, 1934. Also, Minutes of the Stillwater Board of Water Commissioners of July 6, 1934, November 23,.1934 and AugustS, 1935. The November 23rd Minutes mention a license received from the Federal Government that is on file with the City Clerk. City officials are searching for a copy of this license, and as soon as it turns up, we will be happy to provide you with a copy. Yours very truly, 00 DTM/jkj enclosures .' ( . .Ii~" .-.-...- --.--.------ ---.--.- _....._. -.--- ~. ,. .... / . oC/, J,"",",~ .,. ..... #., . -. --'-"--'--". ----.--- --_. ---. --- -... ---"-- -- ---_. _. ... ...----------..----.---.--..--.----- ------------..--.--.-- .-.... .'-l:r.:.~. ["j7 ~") - -- _.. I I,,: l~ i f . . t 7Tr ~ ! C. /,. y- .!JE:t>/C/17!o.N ~ B 't 171/U.-fiS'L Ca-tNt:.&~JA'--....4v.E- _._ s-o .t:::;CII''fhtld4 Y ~~.E ~~ c..Q/"'W~J....~ S.e.ot:..! . (l ,.... i I ; I i ; ~=- n!. -l'J '\ '~I ~;p- !;77ZIP /3 i... .i . J ~ ~~ qlj-~ 1t~ :.~ ~ - '" ~ j1t12.. K " ... . ~ : vAN J..f Ie/! .",,: : I~ ~ O/992c. ,. /7V -:,-J ,,~/ ; /' .,1 :::- / -/ III--- - "- r:, /~ ':.; ~~ :1'./ . FORBEARANCE AND INDEJ."'\iINITY AGREEMENT . THIS AGREEMENT is made this _ day of August. 1996, between the City of Stillwater, a Home Rule Charter City of the Third Class, organized and existing under the Laws and Constitution of the State of Minnesota ("City") and David M. Hurley ("Hurley"). 1. David Hurley has recently purchased property within the City of Stillwater known as the I' ,"""':- Historic Post Office Building located on the West 150 feet of the South 130 feet Block 18 of the original town. now City of Stillwater ("Post Office"). 2. The City, through its Water Board. bas constructed and operated a public drinking fountain and park ("Park Property") by Agreement with the United States Government made on the 2nd of October, 1934. The public drinking fountain and park being located on the West 42 feet of the Nonh 46 feet of the West 150 feet of the South 130 feet of Block 18 of the original town. now City of Still water. 3. A controversy has arisen between the City and Hurley; Hurley claiming by reason of a . conveyance of title that he owns the Post Office parcel free of claims by the City and the City claiming rights of ownership and operation arising by Agreement with the United States of America. subject only-. to the obligation of the City to surrender possession of the park parcel to the United States Government if in the future the United States Government may deem it necessary to acquire the land for its own use. 4. The City and Hurley have entered into discussions and negotiations in an attempt to resolve any faith differences with regard to their respective rights in the park parcel ("the interim period").. and it is the purpose of this Agreement to set forth the rights of each party during the discussion and . ~ negotiation. 5. Hurley agrees that during this interim period he will take no legal action or otherwise to attempt to displace the City and the public's right of use and enjoyment of the park including the right by the City and its agents and the Stillwater Garden Club to enter upon the park parcel from time to time . 1 to maintain the plantings and plant material that has historically been installed and maintained on the parcel. . 6. The City agrees during the interim period to take no action legal or otherwise to secure its right in the park parcel and further agrees to defend. indemnify, and hold harmless David M. Hurley from any claims, injuries or causes of action that he might suffer by reason of the public's use of the park .,v., parcel, or the activities of the City or its agents. This Agreement will be effective upon the execution by the City and Hurley and will continue until such time as negotiations are complete and the parties certify to one another that negotiations are no longer productive and coun action is neCessary and will expire, if not by agreement sooner reached by the parties, on December 31. 1997. Enacted this _ day of August. 1996. CITY OF STILLWATER . Jay L. Kimble, Its Mayor ATTEST: Morli Weldon, Its City Clerk David M. Hurley 2 . co"? ;,J bn~ua . .,ic~' . ~ en c- o z I::: o ..-I ~ ::s ~ o c:::l (l) c::: . .J !~j. ~~..~ . - '- . -., '. ~ -'. - . -.' .'. ....~..:...,..-... ~. .,_... .... .-. -...'.... .... . .. -' .. . ~ ...... - ... " '-, . . - . - . . . " .'. . . . 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(The old postoffice incJ.uding the p<lrk was purchased about 1966 by a private individual, but the use of the land continu~s under a similar agre~ment) . 1935- Actual construction of the park , oegan. The fossil rocks in the g;'lrden itself were brought here fror:l Red \':ing, l~inn~sota. The rocks toward ~~~ street are quarry rocks which were obt~ined locally from older buil~in~s which h~d been torn do~m. The . fossil rocks were brought h~re and set in place by e~?10yee3 0: ~he \'!ater Departmento Bob S<::-::noccl<cl, i1. \'lell knC:.ln stone :,:':'3,j~-:, , ~"C:.s responsible for the l.;.ying of "Ch.~ quJ.~y rock a.r:d also th~ chiseling out cf the drinkin~ fvunCains. riLAXKI~lr~:1I~i~c(x ~ .. "1' h' ... f ., .. ~.., .-.rl... ;\ e~nsc. n~l...z, or;;1er pres~c.e;;.1.. or ...nc 3o.:-~rd 0 f ':Ia t.er Cor.:~issioners, was wost in~tru~ental i~ the construction 11""':"'" """....\... r::.:=tintc!1.::ince of this be:1llti.L~ul p::.rk. " 1'"'71"' . . t . n"'c~"'""1"''f to ,."'''' .,..'...tc.'r.i.c)r .....('. t","',.". ~ ') . ..;. - [:,;-: t C!1 ~ 1 V 0. m1l n 0. n.1!1 ceo C c ,1 ::1C ,,'C' _" . IJ: ".' - ,,~ - rock :ou:1t.ains as 'Nell as to t'r.~ oipes w:-:ich v:e:-e ir:i'oericied in ..' . ~1r- 1.S r-he hCDe, 0: t:-:e 30rira of \'!2t.er CCr:"ll":1iss:.o,.ers "r.e roc;<s. v v t.h2t t:--.e oa..-k will be rest.cree. to it.s fcr:::p.:- bea',lt.y. Since 1978 t.he ?eren~ial Oarden C~ub of 3ti:lwater has ~l~~ted and caree. - ~- _ oJ_ ,. ~l ;l n, ~.-., 1 ct- ."'.~. S '.i' ~ t" :~ i :1 t ten, Cl r k ::::1 kin. ;;-.1 i ~ r;. u it e a "r.e ::-:a;'1Y r owers ~ Ii --'_ _ _v . S:10'''' nlace. .Jc.n. 5, 1910:. - :~.r. ?-;. ;'" i";,rw:r ~'!-l.;...rcd ill"': o:;,'farc.c ~c seLl :-if::ht r';nen'?;,~ t.o John !',cf.uCic:k irl de,,;.l to ;;st'r C"L;;-,a..V ftll'l;r::.l,t of '"..tf'r fer cert::.in ..:U:POU6S tt,rt:ut:h 1_1/2" ~:if:e f'rcm l.arfe . e;:ring located in Llock 21, Cri~llli:..l Cit./, tOe:(..".l:er "ith st.rip of land. i~f~!.cribed a~ ~;orth 2 i. et 01' ;.)(;Uth , 32 ft. cf.:c(5t 1.50 ft. of..: loek le, Ll'i,LiI:Hl City upc,n ',,:'1,h io loc.utl...ld a '':J"ir:Jd.!:[ .fountain fer tr.c sur:. of ~ 1 ,~ .CO. <::1 ::::oticn or' Cc::clsGioner Llchte.n, r::.atter -:..as rei'er:i '..c t~r~ :.ttOl"l:ey 01 t.ht-: Boare fer inv:;Gti6~ticn ~nc rt1~)crt rot th.', ne:.t rt'gularlIicf'ting. .;. 6, 19J.i.. - ':"he Secretary rtlad Q. rcaoluticr: p~~~e...: "'~r t:',e City t:o;;!1,:il or. June i 1, 1934, 6... ,_~;:; t::' Peter C. I.:md, r:;,;;..or, L'.n.:i u.t.testt'd t.:( Chi:rl,,= , . : ::r.z:ers, City Cl.erk, In reference to conve.lir:f: l..anc 'b;j ;'(;r.r E. fa::::..c~., liiJ,:::,c1 r.8.:",dos, L61e fw-r.::I.!;", -I.d ;;...rry :'.. f;,rI:l".Jr. "hereupon ';C:~:-i8d.c:.nE.r Ecol~y :::oved, ~i:lch I:.oticn \-0...3 u.r.an.:il:l<':'1.:.s1;;r carricli, th;:.t aaid. resolution be n:.a::i.e <> pu-t cf t.~:e .:r.inUt.C5 of t.~..ie me.ting. ,::~!:::iE;,s.. r~. :va fan:cr, P.Z;.~~el Landes, Hnrry r.. Far:r,~r &r:1i I~c ian;~r, long time residents o! t.h~ Cit.l. of Stillwater, have cffcrrcd .~o cc.n';ey t.c t.hr.' City of ~till\lf'ater, vithcut cGn~ldera.t10n~ .r.1",cert.ain st.rip of lalld o~<.:d by t.heoJ lo~tcd i'.'r.cJi~l.cly atijacfltnt to -md between the land nC1li O"dr.ed by Connolly :';hoe COI:;panJ' ell the ilorth :.nti. Jnited ..>tc:..tl':D (?o~t-office) on t.he :i..ut.h, betwe~r: : yrtl9 stre.:t and Comr.:.crclal Avenue in the City of Jt.illw~ter , togethur with certain water right o~Ile<l b.7 thUl in and !ra:. the so called IIbit; :spring", cr. lh:rth 4th strSt't in said Cit;r or 5t.ill- wqter, pro\-1ui.n€, the said City of 5t.illwnter will build am! laair.tain a park u;:on the land locat.ec t.etwetll. the: said land now CAned bi said Ccr..rlo.l1.7 :lhoe Cor:.panj and tho f 03t O!.1"1cc ul.lild.ng nO\1f upon the !.And owned by the United ~tntt:l8 (?oet-G!!1ce), accordina to certail1 pll-'..l18 ana S)'lflc1!1- CLticns p~p4.rcd &.Dd ap~rovec. by the Uoa..'"'t1 or ~ater Ccx:Jl'i:is1cnors of the City '~ Stillwater, it L~inf; u.n\lc.:-~tcod th~,t the IJr.ited St.ates (Post-office) ...ill per..:..it ita land ..r.tect"d by aaid Park plnns lo b~ ~sec accorci~ to eaid plane an~ opccificaticDSj ~'C-J I ::"L..:L (2"::, ill:: :r L.::~Ll.VF.C ~y 'Trl.:', CI7Y CG.il:CII. :2 Ti~:-:: ern c.F ~7ILj,,!I\L:ll., t.hat tM City <:-ccept, \-dth thati~s, t.h~ of1:er so kindly mh.~e by 1:a::r rve. :c.nl:.er.l iil.zl:!l Lar.dee, Har:7 E. Farmer l.. r.cG ~.a(: 1..Cir!:!..er. i~ IT i-U'~:~L , ;'_ 5(. ~.\'::':D, th:lt tiltl p:'cpt:r cfficE:-::: of ti.e ~it.y be, an.:i th":r h~rebY' are, c;uthori.ed . r.d '.:.i:ectt:d te -=".~cute 3uch agreeticnt or a:grt-;e=:.~ntu a:.> T"..ay be r.e..:e35Clt7 t.<.i carry. into ef!~ct. ~'-:.id cffer .:.l~d. it:; aC;.f:>ptancp.. - P~s~ed wt\', ':'p;.'.o~.:,d ,:\lne 11, 1934. .'.5 to':1 ,:~,. 'J..'-I"" [>. 'T-"D~'" ~i -I"J'-"'''' .....;;.: !';i':j"? :: '.. ,:r-C,'I, ;_ ,.;..,.... - ....... '_'," ..~I ,......... ,..:...\.l 1... ,.....L~ L...__'"_.,, ,Jo.. ..., ~..' ,,"....., .:'!:r.:;.~, the Cit7 cf Stilh"fit~r ciedrc,1 ~c .;..:nztru..:t i, pu lie drlr:kir.t ~ ;:.::d 1"0..; l::-..~ed b:J t,;:t1 t.'n.il.l;C ;:~_at.e.:; Gov: rnn:errt ,;<:,~c.ibH,; I'l...q folloii~H 'I'r.t.: e~t. 1./.' of t.::e tort.h 461 of t~~ '.e!:t 150' of ~::to .cuth 130' of !'loclc 16 of thu._ori6inc.1 ,'.c.n, nc-... City of "'tlll\"at~rJ knc~,'Il ,~:; t.r;.,. ~O~!- i.l"'ri":R Let, accu~(i::'n \.0 the pl.a.t t.:-,c-rec! tlOW r.. r re,.c:-~ ...r', en fil~ in th(~ of lc:" of ',1;,= 'l.e~l.3t("'r 01' I:(l~...!) in .:iIld fc:- .;aehlI'..(:t.cll Co. ~im~c6ota; ..u.:. in ~:'-,.~r ~o carry cut it::; ;:l.::.n fc:- salt; l~u~.2.i,; d!"':'r-.k.i.n,~ t'ount;.!.in, :~h: ~ity :r;U::lt secure '..::(, .:, =:S.l;.t ut t.~l.: Ilnite,l ~:.t<:tes C;UVUrnz:.C1t t.~ u....r. :;.. iJ 11:.T.,q ~'r.il to c.bt;"in Bueh consent, the ; t~,. !v-;' :,...tit.ioncIJ t.h,! ~ec!"d..arj" cf t:;f ':'r'.::"Asu!"l c.f tr.': l;:-.itt(.i ::t&t':J to. j:ltlrrd,r;~ic.n t~, U~~ t.r.e .....;i~..;, 10:,': f(.r sucl~ pu.!."'Pot$~ until. ~uch ti.::'<l ;..~ tob: Cov~rroJ::cnt rr'i.~~iir"p.:: it for other p'..Lrpcsea, ar..d. '.,he:'~.:ls.J .re :..'r:.ite-a 3tat\.:6 C:ovurI1rJer.t hi:t.J l:t.:c:::er.teu to L~:~ U:"'J c.[ suu land b., t.te City tor - .:ch pu~':ic (lrir.k::;..r.i. fowltain u;;cn thh expre::-oed l;cr,dlt.it,;.;l:J thz;t '"LoC:naVI~r in the future :t.r.e ";..:. ~C~~ ':';i;.e:.t.= ~ '.;()"(':-:~e..t cay <lee!:. it. ntH:es~:a::-J tc r~;~irc 15::-ic la.r.Cl fer itl; o-.m use, u;.~cn reaocn- L.,le LC:i.cc t..c t.:,., \~it.i, th:: City Hill w~tr,t.~t. .~::"3.j', ;.-,r.(. ....iUlCt.;.!. :i.f.Y CO:3ts t.c th<: :":..it~d 3t.7Jtes . ""~rT~c:t <:..l!C ;:;13,,;0 &J.d lWH1 in c;,;r..u~tiun U;H l5i..Le t!::i i.t IH}'.: i9; .:, .::;_. :.l.....:~~, .:: r:' ;:)...\'!~j; u1 '::.; C.G! C..:;:.\.1.:. ,..;.' _> c..rrY CF Srv..L .;'IT? tt. t:' ti;e City i,~~rebj. e., ~:-ece i.t.;.; E.~';.r~Ciil.Llcn t..c t..ht: cfrl~o:-a ".f tho:- 'nit.t:.d ::t~t. s I.:ov~rr.mcr.t fCT ~t!r:.-.i3l:Jicn ;...: Ul:c t~c so.iQ ':'e...;,u lur th, j.;urp05a a.fcrl~:J,;...i:l, i.;.:L iz, t;..J<lnC ::oS:3es8ic.:.n of snic h.nti fer such ;;;.:'i;c.;~,J# -;.;:<: Cit.J :,~;r(.'o5 in all rEsIJat..l.y to tl.,: ~c.:u~';'t.i....nu Lit!mu.ndc'.i by the UrJ.t.c~ ~t.. tea ...,.....H:rrml.Ollt a.~ s~t fc:rt.h above. ~J. . ..;,..... . l;i., .."F ..CV:: D Cdv~r ~, 19J4. 7:::( 1;:.. ~ 1":~ r;;, T . !'cunt;:.~n ui:CIl cl'lrta.in l'l;t.::r C. Lunu.l ~&Jor. . . . ,. ~,~ L;f,/-,,~~! %-~)I'2J." ~', ,~'1.~:>- :..q~r:'f~~-illi c)__ 'o.IS f"'~.l~,:;;i /'-j ~. /U,UfZ) u'..-- /" . ,uT;l~l'f;i ~.. .~ OJ :~..~.~.-W~...... ....:~rn--r:;.;i}i-l, : ~. '-.-/~ CL r~~' ~ .:.>-~.. - ..~..._.~./._~ irL(':;:'::f~:;~:~;,; . //, or-;- ~,{.,~ - ~.''''' ..~ n ~ ~ ~~/vU ./J ! :;1 t ;,;,!r:!.\. '~(A../ ~.... /C;~~\ . 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A A /~., ,,-, 71.1 ~ /({:n.., ~2-. -. ;;{""".,. "--< t./ .:?iI. Iq-.#:r ',' .~:J ~t9~ r/,_~'/3~r-I&~ c;o~:"~'Y;::&h ,Lt ~~Y ~J-/.../ ~,r ~ ~ ~ a-~~ ;~-t. LAU/ ..v~y AJ__td.flj d -'=~ .._,~..:..u- , ~I-~: ~i''"'''''; ': ..--. ~_.' ..... . ~~..f~~" . -:4 ([}. .gO~~ . ~ ., ~ (. I ! ~. :. I!,~j.t II" t-.-.. .l:l~.ll. . .:;~-'. . .~~~ I : I . ", .... .. f1~tHifJf1f{ . :~1!i~~f;:!~=.~ ~fiC ~ 0 .._~ L~ &. - i ~~, Q~ .~:~~h~ 11 ~;'!, \./f.-J- ~" J-' I~) _-/: I -:I.. l " _ ,. _~ . / )..1. _.1 ... .~...lM~-'" .. .... /U~:/ f'-V I5u ~ - ~ ~ !~":;.,II':,,, ~ ~I 9 ,,/ - ~~_".. . I.' \...: /\-j C ....: l' ":., "--.....-:. '^-~ "'=-"~ i ,I:~tlfi~,f::' n -'~: l!!:c.' ~~ ';;;~ "":";t~ J ~--4 - ~ . ,..~_ ...",.. ...... . . ~ 'L/ ...><f'-m/n'U_A.A.~~ tL.--~ I ~ :~(fr1tr ?~!if,,'. .._ " .:.__.. _..~~ tLJ..-J ~~ ..Lv ~ ,-;-J.. J 'W.~l.l:hl~" ' I' r:~;n~F!i~;r.';,-," "'~i~. ~ ~~.~~J~~ .~~-'~..~::;J"". I '~"t ",. ':... ..,I- " I " ' :~ .' ~~,~.",;,.~ . , ..- -~ - ./ ."flftl~l~ ',' .....'.'~m ...,dJ ~ ~ k ~ .~~~. .1~;~Hjl' fI~g, " -".:~'---~ . I- · .) ,L A.... ) c..~l~ ~ ~ ~ -W---: '~~I' r,Ji';:.-" '" ...... '...' " . ~ ....::q.,., ~ 4....I.A.-<....A.A.I . .. ",,,. 11..1....1.. . ~;~1t-tmT.-.. .......- -.. -- .." ..c:rt;/-r- ~.'\ 0 "V -~.Z-, U--,-?)'. \\\\\\\'J ;? :1!tlJj:r'J:?J;'~'ffT~t,~ Bald. Ia?d and surrell del' "?SsesSlon thereOf to the ..~~,~~~f.St, ..;,]"'''~ '''~ " Go Ve rnmen t ..and P Iac€ s al d. .L alJd 111. Co n dl tio n th e. s ameas it" norr.ls; :;,U;""P'?'l;:;!'.{:;.:.:.: ....'.." ". ".' """,",.;;. ~t:; 'it. :..;. ;, ",. ;j,/., . ,. :. NOW THffiEl'OI1F . BE IT l)F.'s0 LV ED By THE C I'l'Y COUNC It:. OJ<' 'THE' ;"';':l';.'., .".1";. .' , . . . . .. '.' '.:' . . , . 'j:.1J:;;~~';"'0b:.'CITY':Qj.' S:'ILLClATE1/ that. the City hereby eXPress its avprec~atlon 't, '-;"it",.,,,,.;.,X; ".. ,'.... . . . ., '.., . '. ". .. ''',i'';i?,i:,fF:: the. DUJ. cers Of the, United S 'a tes Co ife rnment for pe"l'lss~9n. to, USf 0, . ~ ..', .:;.~ _ _.. "':, ... . ; , i:}t'fr;.cj,;:t.." :th e .: s al d I and for tli e 1'11 rp Os e ""ora sa 1 d, and 1 n t akll1l: posseSSion ." ";"1:;,\.\,:;",,>>; "'.. ,. ...... , ......, ,_ . ',! !;fL~'c'4/ ,'( Sal d:.I an d for. su ci, pU 'Po s e , th "" C it.\' "{{re. s 1 n al L .. resvee ts . to . the '::';!'Y."::;{(d.,/." '.. . .".. , . '. '. . .' , . .' "', . ": ....., .. i, .iil'l Ji'ytlt';,fi: ,co ~dl tlo ns d ~"",n ded by .'h e IJ nit eq S t a 'e s Go ve mnen.t ..as ~e,''f? r,th "'ik;:>:,...,,:;;;,.., '... ': :. , """ .. '" ", ,. ...;.1 ,ft;..' ~ '''','' aboVe, " ., ,'. "., , '. " '::",,:.i , f,:.~,f.:..t',",'I..",:.t.,.".:,'..8t"f~E,,:..~.,,:.::..-.~.~'~.:,,~. '., ',,~i. .,., .. , . . "'..,., ,.. .... ,.". I,.;. , , ~". ,,' Passed an,! -'l!;proved Oc t';ber 2, ' "" "'1. :",,' :///: . ';.i:-', ' ,. . ,;': " , . ':. . ...---:-..... , , '" , ~. 1~/~': .~::-.o. ~ fL' .0 ';i;t.. '~l" .~~I :-.. ~- tEL...:, .?/'f<'. ", O' i?r-- " .'1i! ~--"~ ~,...,; ~-_. t:i(.. , ~ f;i.l. :-. . l1::~.. . :~;'. ~.- ;; If . . ~---. ';.1~~ t-' iiil ;:l!t:. I ~~---... "J1~'t-.~:: '~I. 1fE'L:; .-1 :. '. ft.. ;. 01~f'j :.. . ~---.-. ~/~~~~- ~ t. '. . f ; ~ I..: f" _; : :" ~, : '.. :. . .' a. ~ _ ! 1::' . -;'- ',. I .. .'. . -- - -'-.._- . '1-': . 1I,!..j eo)Y. RESOLuTI01; PE'liTAINING 1'0 liJJJLIC DRIlIlC_ ING j<'OUNTAIfI OIl NOR1U SECOUD Sl'ilFk'E, ". r.r l..jrl-: " ...~~'. ~..' :7HE'llE1.S, th. Cit.v of StIll rle tel' dOS1res '0 cans ~ruct;aj ; ..t ,"_ It..:"" . l' Ubl1 c d N. nl'lnr: l' au n t a 111 "pon c e rt al n I eIld nO:7 armed b;, the' U III ~d : --.:.. S t,- t es Go Va rl1I!lel1 t des crHed a s fa IIo"s : The :lest 4" feet 01' tile North 46 1'eet 01' the Jest ISO feet 01' the Sou th 130 feet Of BLock '18 Of the Or:lF,1naI tOl7n, n017 City or St11II"ater, knOl7ll as "'" ;'Ost OUlce Lot, aCCOr! lnp.; to tile Plat thereo1' norr 01' record end on HIe In the orn flce 01' tile ReOster 01' Deeds In and for "8shln/:ton COunty, MlnneSOt8; and ln 0 roer to COr.l:V ou t 1 ts ;H..1l fa 1J/ sm d Ai bl1 c dr1nJ<1np; 1'ount..J th. C it.\' IJill s t secu re the Co .os en t 01' th e :JntLed .; Ie t es Gave rnmen t t, USe Said 1 end; nnd to obtAln SllCl1 con:;en t Oil e "it.'1 II"s pe tl t1bned 1:; '~.:;- , . Secret"", or tile 1're",," r,y 01' th e "nitell .; to tes t'o r pe 1lIJ1 SSlon to u( ;.t t~ the Said land 1'01' snch purpose untl1 SUCII tlme as the' GOVemaent, d.i qUlres 1 t 1'or 0 ther "urposes; and 7HPRF:AS, tile Unl ted St. tes Gove!';"aent IIos cons"nted to tl USe 01' Sald land by .the City 1'01' SUCh pUblic dr1nk1np.; fountAin UPOl the expressed Condl tions th.. t "Ilenever In the fUture the Unl ted Str Go ve l7Jmen t may deem it n ec e ssar" to r'qulr.. Sol d I and fa l' 1 ts Ol7n I upon reasonaoI" no tlce to t,le Cl ty, th e City 17111 "ithou t deI""y; af wit h au t any casts to th e Unit ed . S ta t e s Go Ve ,"ne" t , And'l71 thou t th e necessl ty of any le>;aI proCeealng Of an.y l'ind belng talc en , lmmedl: . ;. ". ".. . .... ',,-;.... . Fe tl?r C: LUnd . '.\.i., '.': ~r~ '. . . . !; t . ':::-', ::': ~ '."' .' , CllQS.' il. L;:W1Ji/ers.:::..;,.' . '-----,..~(" - ' . ....." ,'~. -.i~~ ;".' ::t;t ~ .i. , ... . Council Che.mber Stillwater,Uinn. June 5th 1934 gular Meeting; Meeting called to order by President Lund. All members of the Council present. Minutes of meeting held Ma.y 17th read and approved. . .,',., . Communication from the Junior Cha.mber of Commerce asking for nancial a.id in maintaining Pla.y Grounds in the Ci ty '/'la.s read and on motion of uncilman McLaughlin the same W8.S placed on file. , On motion of Councilman McLaughlin iJ. Soft Drink license8~'.were anted to Percy Sherrard,at the corner of North s.nd Willia.m streets and to orge A. Robertson at No. 1003 So. Third street. ";;.' Applications of Geo. A. Robertson, Peter Newhouse and Ray A. ompson for ~Off<< sale licenses were received and laid over until next meeting. . . " Applications of Da.vid Wilson for both ~On~ and 1I0ffll sale license r Non-intoxicating Malt Liquours were received end on motion of Councilman ylor the same were laid over until next meeting. Report of City Clerk for. the month of I.f.ay e.nd reports of the tyTreasurer for the months of M8rch and April were read and ordered filed. The followlhg resolution was unpnimously adopted: RESOLUTION OF SYMPATHY FOR TH~ UAYOR. WHEREAS,on May 2S,1934,Peter C. Lund,Mayor of the City,of Stillwater,lost by ath,his goa-d. and fClithful wife,and the City Council of the City of Stillwater ,Sirt to convey to him its sympa.thy in his bereaiTement, '.; NOW, THEREFORE,BE IT RESOLVED by the Council that there be made permanent on' e minutes of the Council, upon the occasion of this grea.t sorrow to the yor,a record of sympathy for him,both of the Council as a body and of its di vidual membere as well.' . .. ;:;~ BE IT FURTHER RES01VED, tba t the Cl erk:. transmi t to the Meyor, a copy of is"resolution. : >. < Dated June 5,1934. Jogn McLa.ughlin ,'; Vice President. test: Chas. A. Lammers, i~::::. City Clerk :.".: j' :..." '.. On motion of Councilman Christianson the Firemen and Policemen w~r~ permitted .take their regular annual iTacations. :>" Mr'.: Karl G. t:i.:e,..,4P!ei,~...J.1",I1"q:Mrs,'Ha.zel:M. Landes representing the ~heir8 of e .late H. C. Farm&,,1i.xPa'1ft1tt'ed that they desired to conirey to the City o,f illwater the two foot strip of l~nd,with the floning spring wAter, immediately uthoof the Connolly Shoe Factory, a,nd on motion of Councilman TFl.ylor the offer a,'.accepted with thanks. . : Representatives of the American Legion were present and a.sked tha.t the City rnish additionn~ life g~a.rds at the bathing beach,a.nd after some discussion it s left with the Ci ty Engineer to work out some plan, to use some of the relief rkers for such work. . On motion rdJdft!!l'}jlr{/!.of Councilman Sheils the city Clerk wes instructed to ask r bids for printing election 8unnlip~. On motion of Councilm8nMcL~~ghlln th~:City Clerk was instructed to purchase ^ n.b8.11ott boxes. . , ordinance to amend"iAn Ordin8.nce to license ond regulute the business of lling etc, non-i~toxic~ting beverntes nnd an ordinahce to amend "An Ordinanc~ gulating non-intoxicating malt liquors,~hich were preeented gt the last meeting G taken up, and on mot ion of Counci ImC!n Ec La.ugh 1 in th ey wer e tobl Pc. indefin it ely. Resolution directing the payment of bills was duly adopted. On Dlotion of Gouncilrr.an t~cL,-~u~hlin mcetine; E.djourned, /) J :-:=~-:=-~--~----: ~//~~t<J, ~ufJd i /7'.1- _ /7 . 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'~!)~Jr j~~V ~ ~ "1 P :: ! :::"~~t~:n~~!~;i:~r~:'.i d :..! ---- ~;:~il1:;:.:;; ::': 'i;: ..lli.i(;U"I': ,~~~, I I ?"i;~! :~~:~~':'1: :;'r!:: ~ '~.i', r ~:-;L ;!(q;;I~~ f~l It,; ;i :~~.'i'~~.11 I,: ~I:' ~ '. ~ "j:f ,~!,I.i'i'l.'i::'!;', II ,).;, '?2:'thr''f ~;\~;~-~',:-1' ."'~>t '. ",' f" . ':" " ~. ....: -r' "I.,'j .. I '~,~~'I!'ilr'::':l:'i 'll'l ij;:.t:n~;,i'l:; " ...,' .. . ~~!~~i~{~~f!h~ f.! l~' rq.- ~., ....,.;'.,1.. r. . ! . I, r., ! i"~:i;.t:t,~";:: d, t.....J '!~:::: f;,'.; l.r' . Ilr!." '"H"';"-;:. .;. .t~' :",' ..... .. ",~ ..:. '," '1J~":"_ ' '~:!~~f~r{Yr.:~~?r,h !::~" H ..<,\"., ,. ....' :1' .. . .tF..i~r:.I'e' ,...~:: I, I",;.f :~:':"!,"F.)-I r~.:j !'" "..IL"lll.'..."!....:"ll". : ~r-:'l'.l. ,; t:r: ~'I'. j I;'" . _,:14..1 ':1.. .' . ;" .. ,\.. .., ."1' . ,. I.... .:JI.r,.ib.~J!!'.-:f~:rl ':~:~: l~{~r;~jt.~!~~:,';::' t: ~ ; ~:: ;. ~;~~:~m~!tfh;~ r: ~ .!1 !'.~.~ ;l:~:"t, 'll:,; '''.j. r;,:I ;; : i~.~:..f~:t,!~:~...~.,l~.~ l:-"! ~~]~ig.;~~;\ .r.~~1 ,~ ; ". . ~ : I, .:~ ;:.'+~::-'.""_':-' ' '(' .. .' I . III "l!I!' _ . _.. ,_ ." '-:" '''~.-:;:'..t':. . :<u.~,..: !.....!... .' :~_r~.~~~-i!'=:=-<. .~:;: ~._._ . :.::::1~~.: \...... .~':;;'.~:.::~~;:..!::;; :..';:...:._':,::~I:J'..,.,',:.~' ~t:'(,{'I;./.~.~~,.O..,L.' ~.:~IoN."'..AC..t.FPTING OFFER TO CONVEY LAND . .... <l'i ,; :.l.-..~~::~;!J*~~t:~.~ I . ( ~' .:' '. . ",' :l.ll.l!,,:!'\': ..,.~ . .. J '. .'f..... I · ..,. / .( -.. . ',' .. '.., . \' ' . . I . .-- ;i ,:.;- !--i.:'.i."'!"l ! .~: ,i' ...,:':~ ,-F J "{ ,..;.' '.' I ',,~j"\ 'l';''NI~lf''-..' .j;' :!'::':' (.7 ~s. Ma (..~ F' "'R' 1 L d' R.'Fanner ....;;.. .-';t1i!~~::;;;:!~'; .~ ;....\.> ..~:J/ . ry a armer., aze on es, Harry, .:.:'L:.::,. 1-- '1];;c,T:~~,~.;~': .::..ae Farmer. long time residents at th~ C1tyot Stillwater, have;:',/.:- 1._ .:::;1!;L:J~~~~::~t;~ ,'; :a!terred to .?bnveyt ,0 the City of '~t111water, ~ithaut considerat ion~J,'~:".:~'~' "., -"7-....:;;4~,~ r~;~,.:,.,::.~::I!';,;! . .: . . ".. ."",.(I"~'''''II!'~' ,:;::~:~~rtaj.n s.:r~ o~ lando.ned by them, located 1DJnedbtely adj acen --::" - ;,q(:iL;lliiil '~',:,:'to'~iind. between the land now owned by COmlallY Shoe Company on the .-:~::!;. '~< 'I"-"+'irhr.~i.~ , .'. . .; . ,,._.. ' ". ,.' ,1 SllYii ;:';~If:;.\ ~.:::-narth and the'Un1ted States (Pastoffice) on the south, betweelfUyrtle'" . i'-'.'~:\tTIrr~~l:;':' . . , . . _ I . . ,I. . J.,,,l. ,:'.iStreet: and comm~rcial Avenue in. the City ot Stillwater, tOgether with':':;" :i~'\I.,j~fH;lr~,~i!~ ,'~"~e~~~ water rights ;'~\'lned' by them in and. from the so Ca1led~.::,big:~:,:~~l,,;.. : .':H~~f:U~:1\if~l[t '.' .' . . ~ .'_:_' 'I~"~ -.~~ ,J.-Jf. . sprlng~ on North 4th Street ,1n sa1.d City of Stillwater. provid1i1g the:~; ,~!:tTI!A~~:2~s1!l;i . .;; ': . '. '.r., ...:. '.:' :'.. . ' . .' ',-'" ,::. -.7~:-:-=71r.rr: ,.,;:'sB.1d City. ot: Stillwater will build an~'. ma.1li.tain. a parK upon the ...~~.~ - ...'/!;~~~!~g~! .,,; . . _ : . ' "..... ", ..' .."' ' . . " '.:;:i~,l:i;,;I;'!;lN' .' lah~ located between the said land now owned by s~d,. COnnOllY':'Sh~e ::;~::::' .1'.. :.:lJ::~;.'; :,~~:J'.~~:~ ,~., co:.o any and the P';st' om ce Bull d1~ now"';p ~i1 10 h~ land 'c";ued by,;;'Wc%.h I~ :-'it?, t:~:!::t1:. :. i -.~. _ . . . ,~. ::.,; " "," ;. ";;!':h'x:;::nl;,;; .,' 'theUn1ted States (Postofflce), a ccard1ng to ,certain plans~a.nd, ., ,-,;.:ttr.m::;S:;:;i:t , . . . J. I . - ~. . ;. .;: ,.J i. I I..... ".., ., i" '. . S];l/ec1ncatlans prepar~d and 8.pp~V~d by.the Baardaf Water commissioners.. --' F,ITh'H~~"J~(E\~ 'J. ", ' . ., . l' :. .. ~.;:::::-':'. . .. -' "-. ,i:H ':l'-:,;::;,:~: of" the City of Stillwater, it being understood 1;hat the Un1ted-=5tatea-:-.:,r..,..f"t?,j!':iW;1:- f.. I." . . ',. '. ': '- "", .--t"';r~~ (Postotf1ce) will penni t 1 ts land affected by said park plnns to 'be .>< :H: ~>:.!:.;,::;:-~;; --,~u.; according to sa1.d plans and speCif16at10nS; . . ':-:'::. . ....~~ ~~:r~?:~1;R~~~~ .'~ , ' : NOW THEREFORE BEIT RFSOLV]DJ~Y THE' CITY COUNCIL OF .mE ':'.:.,:. .__.~W~;~<t~~:~ \.. .' , . . " ". .,:1 ...,::?iff erN OF S'l'ILLlVATER. ~hat the City accept,:w:i. th thankS. theO!!et:.~~.~:~ . . ~7JPf1~i~t~;. ~ . . . , .......1 '. ," if....... kindly made by Mary Eva Farmer, Hazel Landes..--HaITY R. Fa~er and'~'~.: .'.- .H\'f.\li:i.j~!ll~~tt. I ., .,!.f.. :.:.:..L:( el.,,~ . Mae Fanner. ..'. .. 7: .1-: -m1fL.i~:i:'~~;:IW ., I;," BE IT FUR1'IIER RESOLVED, that th~.proper omcers at th~.i:', '. t;,}i~;jiii~~~; :. ...J" .. . . . ,.'.;~.I\-'lt".I~h"',!l',( . ; City be,.and they hereby are, authar1z~~and d1:rected,.to ~ecute,.~cll ,;.'. -- "~,~i~,.I~,.~~~~~ . , ..:" . . . '.' . .; . r. ... . " 1'~iJt ,.!.,.,.I,.,:.\; ''; agreement or agreements as maY be necessll.ry to carry into ettect said ,; , ,~:.:\~;.:l~::.~.:I::~ .....:'. :. . . . .j ,...d, L;~~ .;Ll~~if:. ::::~:r .:d ~;; ~::::t::. 11 th 1934." .. .. '.' ;::~: .;.~ ~:_~~[gu.';;jr~!; , ~. , I I.ULt"lI"~,,F."-'l~ ~~ r? . ~. .: ~"':5l.- "~t,~!_ t ~"f" ~'~'~:~!~''',J . .' !,,'il'<r"I:'i~II~: ./ _ _ _.-~~~i+~rr:';fl::;< , 'i';I.!h',\f'I',4'.'I'I;" . ,... d.11 ).:.I~I,!. ,'~ MaYor. ... ~. . .-:;rlq,'.ih:I'r; : . d f:.. ::~i !!;.;;l:. ,,., >, ,.' j. ....'-,-~rl- .. ..... I . ,. .I i~ ,: ,:,:,ili :[Il~' / " ::', f ,'~. .' ~~:~L:tt~ ;.~~ ... ...... -"-r"""=' .....--..-,..'tr- '\ '., . ' . .......:.. '..;~; ';',I.if ~\~~(:~;.~~:':'::. \ " I " "'. .' "Il'" . "'11' l'!,~ ,I, . \(~ '.':' :-~,':";! ---;'!+l'f'-:~i'i~I~\l'l" '--",' : .,' : .:'. I ",:!'IU" :,.1. '11J~:.):,,' ,. ..... : .'. . , . f .t'~ to. . ~ ..' .'It ....JI -"t;..:,. '\.. .- \" ., -'-' - . .-..- -..... < /. - --,- '1:-!'~-'- " " 'r.. . I. .:' , ';.' . .... ';;,.',:;,;t..' ,: . :'I::\'II'\:;';:':{;~~'Pi~: "'~t\.: ..'~: : .,,1 ....... I,' :.....:. I,;.;., I. ::I~l' 'Ll;.'~ I': .~~ (. ... ,. t" \ ,....-.....,. 'h.-r.'h.... .M.'.".C....l.-,-... .'----.loorrt 1"'----" 'M I . .:. ','! ',; r'~' ;,!r.;.~.~'; 1 ~l)';::.: -:: :..', ,~I" ",t"'"{-I!-:lf.'" .' l. .' ..... ..... ,.,;.;.:'. .~~,1-.!I.::.'"'.!-;d~~,~.nr.l.l.j~Jl~tr:rl1.. .' i /. . . I.' ~ . } .... ... ", .. r. ..' i.... J'. ..',,-.~'~ ';; " . \ '. . " . 'Attest: ":. ".' ! ~ ~~~~~A~~~~~ r' . C1 ty Clerk. I,:" ;'I.:";~'/r .';;' . ' :,.,.'I,:;.~~\: '\' 't\" ~' 'f ( . . I ~ .r' ..' '.' -f _ ' , ... 1. ~-':'.r~""'-.-..o-' . .J , . Memorandum To: Mayor and Council From: Modi Weldon, City Clerk Date: 10/25/97 Re: Liquor License Applications A request has been made by Pao Vang Yang for the transfer of the off sale liquor license currently held by Raymond Kirchner for R & R Liquors. The purchase agreement has been provided, and transfer would take place at the time of closinK which is anticipated to be December 1, 1997. Final approval should be contingent upon completion of the police investigation, receipt of certificate of insurance, all required inspections, and completion of purchase of business. All other paperwork and fees have been submitted. . Action requested: Resolution approving the transfer of an off-sale liquor license from Raymond Kirchner, dba R & R Liquors, to Pao Vang Yang for the period December 1, 1997 through December 31, 1998, as conditioned. A request has also been made by Acapulco ~c., (Jose Valentin Leon) for an on-sale and Sunday liquor license for a restaurant at 1240 Frontage Road (previously Canelakes). Due to the closure of Canelakes, the liquor license for that location is currently available. He anticipates opening the Acapulco Mexican Restaurant approximately December 1, 1997. Final approval should be contingent upon completion of the police investigation, receipt of certificate of insurance, and all required inspections. All other paperwork and fees have been submitted. Action requested: Resolution approving On-sale and Sunday Liquor License, as conditioned, to Acapulco MN, Inc., dba Acapulco Mexican Restaurant, 1240 Frontage Road, for the period December 1, 1997 through December 31, 1998. . RESOLUTION NO. 97- APPROVING TRANSFER OF OFF-SALE LIQUOR LICENSE R & R LIQUORS, 1971 GREELEY STREET SOUTH WHEREAS, a request has been received from Pao Vang Yang and Raymond W. Kirchner for the transfer of an off-sale liquor license, and WHEREAS, all required forms have been submitted and investigations completed; NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the transfer of the Off-sale Liquor License for R & R Liquors to Pao Vang Yang, effective December 1, 1997 through December 31, 1998. Adopted by Council this 28th day of October, 1997. Jay Kimble, Mayor Attest: Modi Weldon, City Clerk , j . . . \ . . . RESOLUTION NO. 97- APPROVING NEW ON-SALE AND SUNDAY LIQUOR LICENSE ACAPULCO MN, INC., DBA ACAPULCO MEXICAN RESTARAUNT WHEREAS, an On-sale and Sunday Liquor License was issued to a business located at 1240 Frontage Road; and WHEREAS, that business has closed and the liquor license cancelled; and WHEREAS, there is currently an On-sale and Sunday Liquor License available for that location; and WHEREAS, a request has been received from Acapulco MN, Inc., (Jose Valentin Leon) dba Acapulco Mexican Restaurant, 1240 Frontage Road, for an On-sale and Sunday Liquor License; and WHEREAS, all required forms have been submitted and investigations completed; NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves an On-sale and Sunday Liquor License for Acapulco MN, Inc., dba Acapulco Mexican Restaurant, effective December 1, 1997 through December 31, 1998. Adopted by Council this 28th day of October, 1997. Jay Kimble, Mayor Attest: Morli Weldon, City Clerk . . . MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director V DA: October 20, 1997 RE: P ARTICIP ATION IN THE LIVABLE COMMUNITIES PROGRAM In order to continue participation in the Met Council Livable Communities Program, the enclosed resolution must be approved for 1998. Participation in the program makes the city eligible for various Met Council grant programs such as the Community Reinvestment Program that was obtained for the Maple Island Site. Recommendation: Participation in the Livable Communities Program for 1998 - resolution. Attachment: Resolution RESOLUTION NO. RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1998 . WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, flee Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and . WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1998, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 1997, can continue to participate under Minnesota Statutes Section 473.254 if (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1997; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, THEREFORE, BE IT RESOLVED THAT the City of Stillwater hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1998. By: By: Mayor Clerk . . . . '" ..., MEMORANDUM TO: Mayor and City Council FR: Steve Russell, Community Development Director ~ DA: October 20, 1997 RE: REVIEW OF EXTERIOR STAIRCASE AS PERMANENT ACCESS TO SECOND LEVEL AT 212-214 MAIN STREET (CASE NO. DP/PR/89-61) On September 5, 1989, the City Council approved renovation of the structure at 212-214 North Main (Wrap and Ship Building). A new staircase was added on the north exterior side of the building. At that time, the owner represented a second phase additional building would be constructed at sometime in the future to the north of the staircase. This would enclosed the staircase in the second building and eliminate the need to match building materials of adjacent buildings. At this point, the owner is interested in selling the building. The new owner does not intend to build a second building or change the exterior finish of the staircase. The existing owner has informed the city of this situation and would like to be cleared of any responsibility to enclose the exterior staircase by building a second phase building or facing the staircase with a material more in keeping with the brick buildings. This item is brought to the city council because the city council finally approved the original case (DP/PR/98-61). Recommendation: Approval of request to allow existing staircase to remain without further improvement. Attachment: Letter from Tim Stefan, October 15, 1997, Original project plans. l~/l~/l~~1 1~:17 01243'311 7'3 STEFAN LAR~UN A~~U~ t-'AlIt. 1::11 . ~ I ( f: fa It R R ~ ON .... .... Archll.etute L .' n die . P e Are~lt.ctU'8 8 . ~ ~ .0 C I 8 I [, ~ . Stlve RuHeIl . . Cmlnu\lty DewIopmer4'lhcIor . CitY of ___ 214 NoI1h 411 StMt , s.iw.., ~55CB2 ' 15 Qmber, 1997 . ' ~ ~~Property.2'9-223 and212-214 North Main Deer SteVe, '11m~in regald~'two projecS.219 -223 N. Main St, Maple Island RenovUoo,and 212-214 N. Mail S1reet;Sl Croix Office Supply. " . t 2INt.-......1IIIn....: ~ DaYelcPnR Pai:tnenhip;the c:unwd owner of 212-214 N. Main St hM entered IntO . puldlaae .g~ 10 MIl . flit plCpe!1Y. One Of. the provitjoM of tilt pY~ agnJement Is to ilfO\Ilde clear title with ~ enCIJT1I:1erancn. . I uncIdInd ht prOperty hie . ,speCiII'l.M perinIt dowing . .~ aMI,. on Ile north Iide of ( 214). The original . . ninticna:Ci'f1e ptOpetty wato cc,Ntruct IIlOlheJibu~ hn. The,stairWlUi to be used by the exiIting and new bulkIlng. I ' btIilMt Iha IlImpOrary ~'WU:ietued in a response b Mur8 Plan&. The use of deooratjw ~'blQCk as. .flnlah was ' ~ because anticipated dftelOpment (I I8CaJI the H.P .~. prelefred st.uoco OIo'8r Integrally colored bumushed block). , It 18'rYrf ~ the 'pennie Is nol transferable. We requea 1hat ihe "air uti become pennanenl It is a requlnld 86COnd . "rnIW ofegnM8 fmn1 the iiconcUoat .and tt. uw of \he SlIioond ftoor Is dependent on 1M use of the $fair as egi8ss. ' , PIIue idviaa me On tie' stePs NqUlred to obtain pennanent uae of,thc ltair so we can proceed with the .. of the buiding.. We . IModcndolq0ec.1.1897. " . . . 2. , CIty r8View of 219 - 223 N. MIii 51. ~ floor elevation wIIh respect t) the Regulatory Flood 06Un (RFD) , , ' lem ~ a ttVlew, of tht RFD, ~hed at 692.5 NOVO 1929 adj. datum, ... IUIYIY ~ and Iooetiooof ~ hIbItIbIit.tloo(elwaticm of 219 - 223 to be 0UIIIde hl RFO requilVmllltt. We are ~1lng "18 IWI8W t) .amnate flood inItnnce en the MepIe t8llnd BuIldIng. The COlt of In8uring the entile building 1$ subStaniaJ. ' , The ~ eildoli.d ....xiatina or befont remodeIina e1Mtions. The.ItIrCIW1n.... 223 N. MaIn 8L ltoor elevation is 8' ~ ~1he~ floor.,. 8Jn.$"or_.sr. Thellcorelevation of thtvacent epeoe;~' N. MaIn ia 10' hIaher lhan eXisting . Ir: elev. d -.r Or_7f. The Nnalning buIdng (grocery atore) Boor tlevilion"Will be.S'hipr ~ c~ t1(, ~~ 01 696.7' or"-'.'. 'The g~ atoM wi! 1M buerilent tpIOIlor atorage; ThetJasement &f8C' wit c:onfonn with the i.rmy Corps of t:np1elIn Flood PIOOIing Regutations, EP 1165-2-314, WVes&dallv dl'f daaeification.' . .~ Cfty teqtiM the ~ry' ,Rood Proteotion ElevIs~ (RFPE) to be 121' above the teaionaJ IIood \fMiI or'RFO. The ' ~Iood elMtion ie .. at -.5'. ..... the RFPE is tl93.5'. I believe an pot1Ion8 01 tie MeJH'lsI8nd project 8l'8 above .. RFPE. and wit not Nquire Ib1d iJiIurance. . . . , . Aea. ..-, ....Ioor ~ fO;'~ with the CIty ~ts. I believe the pmOess to claasify the project exempt from ftood Inuance' begins wl1lHhe CIty. "60 please proytae direction to ~ the proc:as. . , . :=iLAIIStiN ASSOcIATES tor DNsTREAII DEVE1.oPfISdPAR1NERSHIP , .TJrl1 ~ B'.O 7' N D , , II F \I U r I II SIr . . IS' I I I W .1 I . r M N S' 6 0 8 2 f. . I e p h 0 n. 6 12 . U 0.00 lie F . c. i mil. 6 12 ,439" 11 79 . . . U1 ... ~ "V a .... , I ) ~ ~ ~ ~ .. ~ ~ -e- ~ '"" ~ I '. I ( ~~ ~~ c;. 0-;;1 ~~. ~~ )~ ..-J r=n I. Inol .( ""d~ ~~ :;i ~~ V D ..m .-B- .~..; .0"", a....' :~ . I f I I .- 3: ~ z en ... ~ 1ft -C "' ,... ~ - > -C ~ -$- 1; ~"l ~ ~i i!~ ~~ ; ~ I . . I -e- 001- ~,t;' ...... . :0 i5 ,1; !s :i ~ ~ :s 2. ;~ ~2 - '~ ;2 ..... . ~ ~ ~ II I : om m! !I~W ,n t1 -1>> I L-/ ~ ~ II ~ " . i. I. i !' i ... o . I ---..----.-..- -€+ ~ e. -e- 1- ~ en -c ~ ::D ~ o ... ~ "1a 115 'if ri s;. ~~ ~I~ ?/ .... I I i - t-- \. .. . . 0 :i . . ~ -z:. , , I ! I 1 .._~ !.... , ~ . " 1 ~ ~'\~ -. ~ ~~- = 5 ::0 = m J;; < > ... 5 z r- I I I I I I I I I I I ! I I I I I 1 I I I , I I I I I I I I I I I I 1 I I I I -' I Sol ~ ..-= t:~. ~I. ;ll ~'-l. JI ---"\ ~!,:lt', I: ~~ U~ ',I <r7 D 0 ,/\ n ~ . .1 ~ to; r i n ~ '---' ~ ... ~ \.) I ! I I D I ~ ~l II I " . i : . t-t 'I~ . -, .> .." ~ .. c -.;:;;r - -\;~ .\:)'0 ..,.,. II). ~ . ~ .e -e - ~o N:= ...~ r'!"- ~ .- .... 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MEMORANDUM TO:' Mayor and City Council FR: Steve Russell, Secretary to Downtown Parking commissio~ DA: October 27, 1997 RE: REQUEST FOR BETTER DOWNTOWN PEDESTRIAN ACCESS The Downtown Parking Commission, from time to time, receives comments regarding pedestrian access in the downtown. At their meeting of October 9,1997, they again discussed the issue and felt that more emphasis should be placed on pedestrian safety. To do that, the Parking Commission recommends that the City Council petition MnDOT for a pedestrian crossing sign and flashing lights at Nelson and Main and that a stripped pedestrian crossing be added at Main and Commercial. With a new grocery store and Farmer's Market at this Main Street location, the need for a pedestrian crossing is more apparent. . Recommendation: Consideration of request and direct staff to take appropriate action. . }JutE: 1)0 'tt 11 h f,1.Jh F/rI11(,~ ~ VVlI"l1/ JJ/~' ~ ~ 11 d/'1,ft--- fv - /V! t/lkvf7 /1 I II--y.J; I Co ~ /7 vA frurA; "1 '7 S a tJ...vf- Wl( 111 ~ e Ii ...... ~ 0 pt ec"17l1 J ~ !,"',....E1S01:t ~ ! s ~~ ~~ ''f.): OF .,..,..y.<O Minnesota Department of Transportation . Metropolitan Division Waters Edge 1500 West County Road 82 Roseville, MN 55113 ~ [g @ [g O~'7I!f,G:1 ~ .- , , oor I 6 1997 1\ October 13, 1997 ___J Nile Kriesal City Coordinator City of Stillwater 216 North 4th Street Stillwater, MN 55082-4898 Re: Stillwater lift bridge, BR#4654 Dear Mr. Kriesal: This letter is in response to the City of Stillwater's request for information regarding maintenance plans for the Stillwater lift bridge. . The Stillwater lift bridge was opened to traffic in 1931 and has many age related problems, including; bridge d~k and structural steel deterioration, sidewalk deterioration, paint deterioration, roller bearing problems, foundation problems, and others. The bridge is also subject to vehicle collisions and flooding problems. The bridge's lift span also adds some special problems. The lift span's electrical and mechanical systems are wearing out and repairing them has become increasingly difficult because of the age of the systems. The bridge is now 66 years old. In comparison, the current average life span of a typical bridge in Minnesota is approximately 60 years. Mn/DOT's experience with structures that have reached a l00-year life (i.e., Lake Street, Wabash a Street, and the High bridge) is that stretching the life of the Stillwater bridge another 35 years is likely not feasible even with extensive repairs. Normal bridge maintenance activities cost about a $100,OOO/year to operate the bridge and include, among others: · Operating the lift span, . Routine general bridge maintenance (pot hole repairs, cable and related maintenance activities, paint touch-up, structure cleaning, etc.), · Routine electrical maintenance, · Snow removal on roadway and sidewalk, · Emergency call-outs for lift failures, and · Annual bridge inspections. . An equal opportunity employer 1 page 2 (10/13/97) . Additionally, more specialized activities or repairs have also occurred on the bridge in the past couple of years. The following is a list of some of the activities which have occurred at cost of about $100,000: · Spring 1997 flood related activities (concrete barrier weights were placed near the piers to help stabilize the bridge, debris removal during the flood, post flood inspections, etc.) · Structural steel repairs - additional steel plates were added to the lower chords, floor beams, stringers, and wind bracing, to compensate for section loss due to corrosion, · Detailed inspection of the electrical and mechanical systems by the consultant HNTB, · Cable adjustments and replacements in the lift span, · Weight redistribution on the lift span to correct imbalance problems, · Installation of a back-up motor for the lift span, · Electrical repairs to the control mechanisms for the lift span, The HNTB report recommended short and long-term repair needs for the bridge's electrical and mechanical systems. Short-term was defined as work that should be done before the 1998 boating season. All of the short-term recommendations have been addressed. The long-term repair needs were looked at in two ways, the first for the bridge remaining operational for the . next five years, and second if the bridge is to remain operational for up to 30 years, see attached report. An estimated maintenance schedule and cost of the currently anticipated repairs is also attached. Over the next five years most of the repairs will focus on the bridge's lift span systems. Significant work is also needed within the next ten years to address the bridge deck and other structural problem areas. Over the next fifteen years it is expected that nearly $5,000,000 will be needed to keep the bridge operational. A project to replace the sidewalk on the bridge is planned for early next spring. The repairs are being made because extensive deterioration of the sidewalk has raised safety concerns regarding its structural integrity. The project is scheduled for a January 1998 letting with project completion by May 15, 1998. Removing all truck traffic from the bridge has been raised as a maintenance preservation strategy in the past. However, the bridge's main problems relate to the mechanical and electrical systems of the lift span and the general deteriorated state of the bridge related to its age. In addition, the bridge opperates as a critical transportation connection for interstate commerce and banning trucks would interfer with that purpose. Therefore, banning truck traffic from the bridge was considered excessive, but precluding overweight trucks was . . . . page 3 (10/13/97) considered a prudent strategy. The bridge was posted in 1993 for legal loads and overweight loads are no longer permitted to use the bridge. Mn/DOT will continue to maintain and monitor the bridge such that it will continue to provide a safe transportation corridor for motorists, commercial vehicles, emergency vehicles, pedestrians, and boat traffic. If you have questions regarding the maintenance of the lift bridge, I can be reached at 582-1413. Sincerely, Attachments 1) Long Term Repair and Maintenance Considerations (BR#4654), HNTB, 7/3/97. 2) Estimated Maintenance & Repairs Costs (BR#4654), Mn/DOT, 1/29/97. ,. StillwaterlHoulton Lift Bridge Long Term Repair anq Maintenance Considerations Date: 07/03/97.. , ~ " "'- Report of Long Term Repair and Maintenance Considerations StillwaterlHoulton Vertical Lift Bridge (Bridge No. 4654) Stillwater, Minnesota BACKGOUND INFORMATION The bridge has experienced periodic operational problems late in 1996 operating season. Test operations in January 1997 indicated that the bridge was experiencing an electrical motor overload condition during raising and lowering operations. A conclusion was drawn that the Eddy Current Drive System was malfunctioning. This malfunction was creating the motor overload condition. The Eddy Current Drive electronic control devices were replaced in January 1997. Subsequent to replacement of the Eddy Current Drive control, the bridge control system was tested through several additional test lifts and appeared to operate normally. . The major components of the lift bridge were observed during test lifts for purposes of evaluation. The evaluation identified several components in need of repair or adjustment to reduce the possibility of relatively near future operational failures. . These components include the: .. Operating Rope System . Operating Rope Take-up Devices . Balance of the Span and Counter Weights . Chain Drive Unit . Portions of the Operating Gears . Operating Rope Deflectors . Electrical Drive System (Eddy Current Clutcb/Brake Assembly) ....~~ Short Term Renairs and Adjustments The following items are will be addressed prior to the 1998 navigation season: . . ...~. 1. The operating ropes will be adjusted and the rope take-up devices replaced or lubricated., , \ 2. The operating rope on the NW comer of the span will be replaced. \, 1 .- . ~.~.- - ......-...-.-....-,---..,...---...--:;...--. ~ . .. .L6/f.O/LO :~a ~o!J~P!sno::> ~:)tMu:narew pm l!'ed~ll au~l ~aol ~8p!la \J!1 aOl(noH/J~lVMn'!JS . _~__.._'_......._'-'__" ..__._.... "':.0. _ _0_._ .. l; -m~As ~^!lP ~tI~ ~quo ltI~m:):Teld:)l JO 'p:)!1dd'e lOtI tI! ltI:m:n:> tI~qh'\ tIO!l'elOl ~tp lrmTI Ol s~~q 1Il!^\ JOlOm M:)tI 'e JO tIO~IfB'lSlI! Aq p:)l:):)JlO:> :x:t tm:) tIO~!S' S!IU '~3"Ew~t1ltI~tIodmo:> tI! lyns~ A'em ptm m~AS :;l^!l(l ltI:)Jlt1:> Appg ~tp tIO ptm IOlom ~tp tIO SS~.IlS s~:>npO.IllI! 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